South East Melbourne Phoenix – Website and App Terms of Use

RC Aussie Hoops Pty Ltd ACN 619 010 285 as trustee for RC Aussie Hoops Unit Trust ABN 59 646 069 941 and its related entities (SEM Phoenix, we, our or us) owns and operates the website located at www.semphoenix.com.au (Website) and/or “SEMP” mobile application (App). Access to and use of the Website and App and related services available through the Website and App are subject to these terms and conditions which include our Privacy Policy (available here) (Terms). By using the Website or App, you are agreeing to all of the Terms, as may be updated by us from time to time and must immediately cease using our Website and App if you do not agree to these Terms. You should check this page regularly to take notice of any changes we may have made to the Terms.

Access to the Website or App is permitted on a temporary basis. We reserve the right to withdraw or amend the Website or App without notice. We will not be liable if for any reason the Website or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of Website or App.

Warranty and Disclaimer of Liability

While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website and App, to the extent permitted by law, we do not warrant or provide any guarantees and exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Website or App.

To the maximum extent permitted by law, we are not liable to you or anyone else and do not accept responsibility for your access to the Website or App, any interference with or damage to your computer system, any loss or damage (including, without limitation, consequential loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Website or App, or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Website or App. You must take your own precautions to ensure that whatever you select for your use of the services on our Website or App is free of viruses or anything malicious which may interfere with or damage the operations of your computer or mobile device systems.

The transmission of data over the internet through mobile and handheld devices is not always secure. Although we endeavour to secure our Website and App, we are not liable for any breaches of security and you use the Website and App entirely at your own risk. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Consumer guarantees

We provide services on the Website and App subject to consumer guarantees under the Competition and Consumer Act 2010 (Cth). Nothing in these Terms affects your statutory rights. We make no express warranties beyond these consumer guarantees. To the extent permitted by law, our total liability for any loss or damage that you suffer or incur from using any service on our Website or App is limited to us re-supplying that service to you or paying the cost of doing so, at our election.

Promotions, Subscriptions and Competitions

For certain subscriptions, campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a subscription, campaign, promotion or contest, you will need to agree to the relevant terms and conditions applicable to that subscription, campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

User accounts

When using the services on our Website and/or App, you may be required to create a user account (Account). You may only obtain an Account if you are at least 13 years of age, or if you are under 13 years of age, with the consent of your parent or guardian. You may not authorize non-dependent third parties to use your Account and you should keep your Account information and password secure and not share with another user. You may not transfer your Account to any other person or entity. You must promptly notify us if you are or become aware that there is or has been an unauthorised use of your login identification details and password or Account, or any other security breach relating to your Account.

By creating an Account, you agree that you may be sent notifications and informational text (SMS) messages or emails as part of the normal operation of the services on the Website or App.

Suspension, termination and breach

We reserve the right to suspend or terminate your Account for any reason whatsoever (and without having to provide a reason) including if we believe you have used or attempted to use the service on the Website and/or App in breach of these Terms. We also reserve the right to record, delete, block, copy and use any communications or data passing through the Website or App and pass the information to external organisation where legally required to do so or in cases of possible breaches of our or third party internal policies or procedures.

User requirements

You must not upload, transmit or cause to be sent to any other person or user of the Website or App, any content or material that is unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material. You must also not upload, transmit or cause to be sent any content that is in any way false, fraudulent or misleading or that would give rise to criminal or civil liability.

Linked Sites

The Website or App may contain links to other websites (Linked Sites) which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites is subject to the terms of use contained within each Linked Site. NBL.TV is a subscription product. Access to and use of NBL.TV and NBLTV App is subject to the terms and conditions available at https://nbl.com.au/pages/nbl-tv-terms-conditions

Spam

We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse our systems, such as by sending unsolicited commercial communications (spam) to us, another user or a third party.

Licence

We grant you a limited, non-exclusive, revocable, non-transferrable license to access and use the Website and/or the App and relevant materials we provide solely in connection with your use of the services on the Website and/or App, and in accordance with these Terms. You may not without our permission: modify or copy the Website, App or our materials; use the Website, App or our materials for any commercial purpose or public display; attempt to decompile or reverse engineer any software contained on the Website or App; or replicate the Website, App or our materials on a server.

Intellectual Property

Except where expressly stated to the contrary, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Website, App and in all of the material (including all text, graphics, logos, audio and software) made available on the Website and App (Content).

The intellectual property rights in all Content made available to you on or through this website remain the property of us, or a third party further to which we are licensed to use that Content, and are protected by copyright laws and treaties around the world. All such rights are reserved by us and those third parties. You may store, print and display the content supplied solely for your own personal use. You are not permitted to copy, modify, publish, manipulate, distribute, transmit, perform, licence, on-sell, creative derivative works from, transfer, sell or otherwise reproduce, in any format, any of the Content, part thereof, or copies of the Content supplied to you or which appears on the Website or App nor may you use any such Content in connection with any business or commercial enterprise (including any advertising or advertising revenue generation activity on your own website).

Any reproduction or redistribution of the Website or App or the Content, without our prior written consent, is prohibited and may result in civil and criminal penalties. All other use, copying or reproduction of the Website or App, the Content or any part of it is prohibited, except to the extent permitted by law.

Ownership of Trademarks and Third-Party Copyright

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and / or locations featured on the Website or App are in no way associated, linked or affiliated with us or the NBL and you should not rely on the existence of such a connection or affiliation. Any trademarks / names featured on the Website or App are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us or the NBL.

Indemnity

You agree to indemnify, defend and hold harmless SEM Phoenix, the NBL, the NBL Clubs, and sponsors and media partners of SEMP, the NBL and NBL Clubs, and their directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of the Website or App, any information that you have provided to us being inaccurate, misleading or incomplete, your breach of any law or your breach of these Terms.

To the extent that this indemnity is expressed to be for the benefit of a person other than SEM Phoenix or the NBL, you agree that SEM Phoenix or the NBL holds the benefit of such indemnity on trust for each such person and the indemnity is intended to be and is directly enforceable by each such person.

Invalidity

If any part of these Terms are unenforceable, the enforceability of any other part of these Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any clause or part of a clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause as is permitted by law.

Jurisdiction and governing law

These Terms are governed by the law of Victoria and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria.

Supported Devices The current version of the App is supported on compatible devices that use the following operating systems: iOS and Android. We do not guarantee that our services will function on any particular hardware or devices; they will rely on your device and its network access and may be subject to limitations and delays inherent in the use of devices and electronic communications. Your mobile network’s data and messaging fees apply.

Apple and Google: Apple is a trademark of Apple Inc., registered in the US and other countries and regions. App Store is a service mark of Apple Inc. Google Play is a trademark of Google LLC. Access to the App Store and Google Play are subject to the terms of use specified by Apple Inc and Google LLC respectively.

Complaints and contact

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise. If you have a complaint or if you have a query or comment regarding these Terms or the use of the Website and/or App, please let us know admin@semphoenix.com.au.

These Terms were last updated in April 2021.

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