Background
These terms and conditions apply to your subscription for, access to and use of the Assistant Coach Services provided
by Vapormedia Pty Limited ACN 140 989 368.
The Assistant Coach Services are
available to registered participants of the Dream Team
game (subject to the completion of the subscription application process).
For the avoidance of doubt, these
terms and conditions only apply to your subscription for, access to
and use of the Assistant Coach Services. Your participation in the Dream
Team game will continue to be governed by the applicable terms of use
and/or game rules between you and the game provider.
The Assistant Coach Services
are information, analysis and prediction tools and other services intended
to assist you in playing the Game and making decisions regarding the
Game. Due to the unpredictable nature of the Game and the numerous variables
involved in the Game, you cannot rely on the accuracy, relevance or
completeness of the Assistant Coach Services or Assistant Coach Content
and must make your own enquiries and conduct your own research and analysis
before making decisions in respect of the Game or otherwise playing
the Game.
Definitions
In these terms and conditions:
ACL means the Australian Consumer
Law set out in Schedule Two of the Competition and Consumer Act 2010
(Cth).
Additional Amount
means an amount equal to a price or other sum payable in connection
with a supply under these terms and conditions multiplied by the applicable
GST rate plus any penalties or interest or both imposed under any applicable
GST laws.
Assistant Coach Content
means any Content relevant to the Game which, in providing the Assistant
Coach Services to you, we decide to make available to you via your Game
Page from time to time.
Assistant Coach Services means
the services referred to in clause 3.
Content includes information,
data, pictures, text, graphics, multi media presentations, fonts, layouts
and hyperlinks.
Game means the Toyota NRL
Dream Teamlocated on the Website http://dreamteam.nrl.com.
Game Expiry Date
means the date the Game Period ends.
Game Page
means the section of the Website accessible by you when you enter your
Game user name and password.
Game Period
means between 12:01am AEDT on 25 January 2012 and 11:59pm AEST on 4
September 2012.
Permitted Purpose
means you viewing and analysing the Assistant Coach Content and using
any tools forming part of the Assistant Coach Content to assist you
in playing the Game and making decisions regarding the Game, such as
decisions regarding team line-up, player selection and player trading.
Subscription Date
means the date your application for subscription to the Assistant Coach
Services is accepted by us.
Subscription Pages
means the pages on the Website required to be viewed and completed by
you to submit an application to subscribe to the Assistant Coach Services.
We, us, our, means Vapormedia
Pty Limited ACN 140 989 368.
Website means http://dreamteam.nrl.com
Assistant Coach Services
To be eligible to receive the Assistant
Coach Services you must be a registered participant in the Game and
you must complete and submit to us the subscription application located
on the Subscription Pages. You acknowledge that we may reject any subscription
application (in our sole discretion).
If we accept your subscription application
then (subject to these terms and conditions) we will provide the Assistant
Coach Services to you. The Assistant Coach Services will comprise of
making available to you via your Game Page, for the Permitted Purpose,
the Assistant Coach Content. The Assistant Coach Content may include:
- player and team statistical
information;
- player and team performance,
prediction and analysis tools;
- news, analysis, match previews
and other similar content; and
- team selection and trading
tools;
A more detailed description of the Assistant Coach Services is available at http://dreamteam.nrl.com/
subscription
Use of Assistant Coach Content
You may access and use the Assistant
Coach Content for the Permitted Purpose and not for any other purpose.
Without limiting the above, you must not:
- make copies, electronic or
otherwise of the Assistant Coach Content for any other purpose;
- provide any of the Assistant
Coach Content by electronic or other means to any person or otherwise
communicate any of the Assistant Coach Content to others;
- distribute or display any
Assistant Coach Content on any electronic network or otherwise, including
(without limitation) the internet;
- alter or change any part of
the Assistant Coach Content; or
- create any derivative works
based on the Assistant Coach Content.
Duration
Unless provided otherwise in
these terms and conditions, our obligations to provide the Assistant
Coach Services commence on the Subscription Date and will expire upon
the earlier of:
- the date your cancellation
of your subscription pursuant to clause 10 is
effective;
- the date us cancelling your
subscription pursuant to clause 11 is
effective; or
- the expiry of the Game Period.
Free Trials
From time to time we may offer free
trials of the Assistant Coach Services. If you subscribe for a free
trial, we will make the Assistant Coach Services available to you during
the free trial period (as specified in the Subscription Pages). Once
the free trial period expires, we will cease providing the Assistant
Coach Services to you and you will no longer be able to access the Assistant
Coach Content (although you may continue to receive the Assistant Coach
Services by becoming a paid subscriber).
Subscription fees and payment
The subscription fees payable by
you for access to the Assistant Coach Services are set out in the Subscription
Pages. Subject to the provisions below, you may subscribe for the Assistant
Coach Services on a silver (monthly) or gold (annual) basis.
Silver subscriptions
For silver subscriptions, we will
charge the monthly subscription fees (as specified in the Subscription
Pages) to your credit card on the Subscription Date and on the same
date of each subsequent month during the Game Period (unless you cancel
your subscription pursuant to clause 10 or
we cancel your subscription pursuant to clause 11), up
to a maximum of $29.70.
You acknowledge that you will not
be entitled to any pro rata or other refund of the subscription fees
if the period between the date of the last payment of silver subscription
for a Game Period and the Game Expiry Date is less than one month. If
any repeat payment of the silver subscription fees is rejected by the
issuer of your credit card or is otherwise not paid, we may (without
prejudice to our other rights) suspend your access to the Assistant
Coach Services until such time as the relevant subscription fees are
paid by you in full.
Gold subscriptions
If you subscribe for a gold subscription,
we will charge a one off subscription fee (as specified in the Subscription
Pages) to your credit card on the Subscription Date, which will entitle
you to receive the Assistant Coach Services for the entire period between
the Subscription Date and the Game Expiry Date.
Gold subscriptions are only available
for limited period of time during the Game Period (as specified in the
Subscription Pages).
Cancellation by you and refunds
If you are a silver subscriber, you
may cancel your subscription by completing and submitting to us the
cancellation form located at http://dreamteam.nrl.com/my_account/subscriptions
If you send us a cancellation form,
the cancellation of your silver subscription will be effective on and
from the date the next payment of subscription fees would have been
charged to your credit card but for the cancelation (Cancellation
Effective Date). For the avoidance of doubt, during the period between
the date you submit the cancellation form to us and the Cancellation
Effective Date, we will continue to provide the Assistant Coach Services
to you and you will not be entitled to any refund of subscription fees
for this period.
If you are a gold subscriber, you
may cancel your subscription by completing and submitting to us the
cancellation form located at http://dreamteam.nrl.com/my_account/subscriptions,
however you may only cancel your gold subscription during the cancellation
period specified in the Subscription Pages. If you cancel your gold
subscription during this cancellation period, we may immediately cancel
your access to the Assistant Coach Services. Within 10 business days
of receiving the notice of cancellation we will refund to you the pro
rata balance of the gold subscription fees paid by you.
You acknowledge that you may not
cancel a gold subscription once the cancellation period specified in
the Subscription Pages has expired.
Cancellation by us
We may cancel the provision of the
Assistant Coach Services effective immediately upon us providing written
notice of cancelation to you if:
- you cease to
be a registered participant in the Game due to a breach of the Game
rules or terms and conditions by you;
- you breach
any material provision of these terms and conditions; or
- the Game is
cancelled or otherwise ceases to operate.
If we cancel the provision of
the Assistant Coach Services pursuant to clauses 11(a) or (b) we
will not have any obligation to refund subscription fees paid by you.
If we cancel the provision of the Assistant Coach Services pursuant
to clause 11(c), we
must refund to you all subscription fees paid by you in respect of the
Assistant Coach Services.
Credit card details
Any credit card, debit card or other
similar details you provide to us will be stored and used by us for
the purpose of processing your payments of the subscription fees. You
acknowledge that we may provide your credit card, debit card and other
similar details to Australia and New Zealand Banking Group Limited or
any other party we appoint to process credit card payments for us. We
will use our best endeavours to keep such details secure.
Intellectual property
You acknowledge that you obtain no intellectual
property rights, ownership or other rights in respect of the Assistant
Coach Content (apart from the limited right of use granted under clause 4).
Commissions
You acknowledge that we may pay commissions
or share amounts of your subscription fees with third parties including
(without limitation) the promoters or sponsors of the Game.
Consumer guarantees
Under the ACL, a number of consumer guarantees
apply in respect of the Assistant Coach Services, being
guarantees regarding:
- the Assistant Coach Services
being rendered with due care and skill;
- the Assistant Coach Services
being fit for the known purpose for which the Assistant Coach Services
are being acquired (such as the Permitted Purpose), being fit for any
disclosed purpose (such as the Permitted Purpose) or being capable of
achieving any disclosed result; and
- the Assistant Coach Services
being supplied within a reasonable time.
Nothing in these terms and conditions
(including, without limitation, clauses 16 or 17) should
be interpreted as attempting to exclude, restrict or modify the application
of any applicable provisions of the ACL, any liability of us for failing to comply with these provisions of the
ACL or the right of you to make a claim in respect of these guarantees
or under any other provision of the ACL.
Other guarantees and warranties
You acknowledge that:
- as the Assistant Coach Services
are information and analysis services that largely relate to the attempted
prediction of future events or performances we do not provide any guarantees
or warranties that:
- the Assistant Coach Content
will be entirely accurate, reliable or fit for any particular purpose
(other than the Permitted Purpose); or
- any scores, results, performances
or other similar events applicable to the Game predicted as a result
of your use of the Assistant Coach Content will occur or that any such
predictions will be accurate; and
- as the Assistant Coach Services
and Assistant Coach Content are provided using the internet, we do not
provide any warranties or guarantees that:
- your access to the Assistant
Coach Services will be free of outages, interruptions or other similar
issues; or
- the Assistant Coach Services
and Assistant Coach Content will be compatible with any internet browser,
other computer software, computer hardware or other technology;
except and only to the extent
that the above guarantees or warranties are inconsistent with any applicable
consumer guarantees under the ACL
You warrant and represent to us that:
- all information submitted
by you to us (including the information in your application for subscription)
is complete, true and accurate; and
- any credit card or debit card
details you provide to us are in respect of a card issued to you or
that you are authorised to charge the subscription fees to.
Liability
To the fullest extent permitted by law
and subject to clause 15, we do not accept liability for any loss (however
arising) suffered by you as a result of your use of the Assistant Coach
Services. Notwithstanding the above, if we are liable for any such
loss suffered by you, our maximum aggregate liability (whether arising
in contract, tort, for breach of statute or otherwise) arising out of
or in connection with the provision of the Assistant Coach Services
will not exceed an amount equivalent to three times the total subscription
fees paid by you for the Assistant Coach Services.
For the avoidance of doubt, this
clause 17 does not apply to any claim or loss suffered
by you as a result of a breach by us of the consumer guarantee provisions
of the ACL.
Privacy
We collect certain personal information
(as defined in the Privacy Act 1988 (Cth)) from you, which you
give to us when subscribing for or receiving the Assistant Coach Services.
We may use such personal information to enable us to provide the Assistant
Coach Services to you, to keep in touch with you and to provide information
to you about other products or services you might be interested in (unless
you tell us in writing that you do not want this information). In handling
your personal information, we will comply with the Privacy Act 1988
(Cth) and the National Privacy Principles.
We will only disclose personal information
about you to a third party when necessary under these circumstances:
- when you authorise us to;
- when we are required to by
law;
- when we want to obtain a credit
reference check;
- when necessary to do so to
process your payments of the subscription fees;
- when we believe a service
we or a related company offers may be of interest to you;
- when we ask someone to recover
money from you if you have not paid us by the due date for payment;
or
- when you make a complaint
about us.
GST
If a supply under these terms and conditions
is a taxable supply, the recipient of the taxable supply must pay an
Additional Amount (defined below) to the supplier, at the same time
and in the same manner as the relevant payment is due and payable, subject
to the recipient receiving a valid tax invoice in respect of the supply
at or before the time that the relevant payment is due and payable.
If the Additional Amount differs from the GST payable by the supplier,
the parties must do all things necessary to adjust the Additional Amount,
so that the Additional Amount is the same as the GST payable by the
supplier and ensure that the relevant party issues an adjustment note.
Force Majure
We will not be liable for any delay or
failure to perform any obligation under these terms and conditions insofar
as the performance of such obligation is prevented by an event beyond
our reasonable control, including but not limited to, earthquake, fire,
flood or any other natural disaster, labor dispute, riot, revolution,
terrorism, acts of restraint of government or regulatory authorities,
failure of computer equipment, ongoing internet or telecommunications
outage or failure or delay of sources from which data relevant to the
Assistant Coach Services is obtained.
General Provisions
These terms and conditions constitute
the entire understanding between us and you in relation to the Assistant
Coach Services and supersede all previous agreements and understandings.
These terms and conditions may only be varied by written agreement between
the parties. Failure at any time to enforce any of these terms and conditions
or to require performance will not be construed as a waiver of such
provision or affect the right of either party to enforce the same. If
any provision of these terms and conditions is held to be invalid or
unenforceable by any tribunal of competent jurisdiction, the remaining
provisions will not be affected and will be carried out as closely as
possible according to the original intent. These terms and conditions
will be governed by the laws in force in the State of Victoria, Australia,
and each party agrees that the courts of the State of Victoria will
have non-exclusive jurisdiction to deal with any disputes arising out
of or in connection with these terms and conditions.