Welcome to the Apollo League website at [insert domain name], which is provided by Apollo League Pty Ltd (ACN 609 956 916) ("Apollo", “we”, or “us”). These website terms and conditions of use (“Terms”) apply to your use of the website, so it is important that you read and understand them.
Your use of this website or registration of an account with us constitutes acceptance of the Agreement and if you do not agree to the terms and conditions of the Agreement, then you must not use this website.
Apollo reserves the right to change these Terms from time to time, and any updated or amended Terms will apply to your use of our website from the date on which the modified Terms are published on the site. It is your responsibility to read and understand these Terms, and to review any updated Terms when they becomes available.
- Your representations
You represent and warrant to us that:
you are at least 18 years of age; and
you will use this website only in accordance with these Terms.
- Your account and registration
To use our website and enable us to supply our Services to you, you must open an online account with us by completing your registration details in the manner described on the website or as otherwise notified to you by us from time to time (“Account”) [Note – what information will users be required to provide when they open an account/ will they be required to verify their identity?].
You are responsible for all usage of your Account and the use of your Account by others or any unauthorised use. You must immediately advise us if you become aware of unauthorised use and although we will not be liable for any loss you suffer as a result of unauthorised use of your account, you will be liable for any loss we suffer. Your user name and password for your Account are non-transferrable and must be kept confidential, and you must ensure that your registration details are true and accurate at all times.
You agree that Apollo may suspend, terminate and/or close your Account at any time, for any reason in our sole and absolute discretion, and without any liability to you. Upon terminating and/or closing your Account, or during any period of suspension, you will not be permitted to use any features or functionality of the website which is reserved for registered users.
- Licence and restrictions on your use of this website
Apollo grants you a limited, non-exclusive, non-transferable, revocable, royalty-free licence to use the website in accordance with these Terms and subject to the following restrictions.
You agree to use the website solely for your own personal, non-commercial use, unless otherwise approved by Apollo in writing, and whether or not you register for an account, you agree not to (without Apollo’s express written permission):
- interrupt or attempt to interrupt the operation of the website in any way, or use the website in a manner that adversely affects the availability of its resources to other users;
use the Site for any illegal purpose or in any manner that is inconsistent with these Terms;
access data or any part of the website that is not intended for you or which you are not authorised to access, or attempt to obtain goods or services to which you are not entitled;
modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from the website;
supply any content that: (i) would cause you or Apollo to breach any law, regulation, rule, code or legal obligations, (ii) is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or (iii) could infringe any person’s rights, including their intellectual property rights;
transfer or sell any information, functionality or products or services offered on the website (including the Services), or represent that you are entitled to do so;
pretend that you are, or represent, someone else;
probe, scan or test a system or network to breach security or authentication measures;
track or monitor any content, user, or website functionality without our authorisation; or
impose an unreasonable load on our systems or networks.
If we believe that you have not complied with these Terms at any time, we may immediately cancel or terminate your access to this website, or restrict your use of the website, and you agree that we may do so without prior notice to you and without liability to you or anyone else.
- Your content
Nothing in these terms affects the ownership of any words, images, information or other materials that you post or submit to the website, or otherwise provide to us (“Content”). By providing Content to us, you:
- represent that any information comprising the Content is true and correct;
acknowledge that Apollo will rely on that information in entering into any agreement or transaction with you;
promise that you own or have the right to use any Content that you submit on or via the website, and that use of your Content on or via the website will not infringe anyone else’s rights; and
you give us a world-wide, non-exclusive perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify and communicate your Content for the purpose of operating the website and the Apollo business, including by providing our Services to you.
Your Content will only be made publicly available if you post it in a public place on the website.
We may edit, modify, delete, remove or take down any Content which we believe (in our sole discretion) is in breach of these Terms, without notice to you and without us incurring any liability.
- Our content
Everything on this website (excluding your Content) is either owned by us or is licensed to us. This includes the design, compilation and look and feel of this website, all copyright, trademarks, designs and other intellectual property displayed on or incorporated into the website. We also own the trade marks, logos and business names and domain names used in connection with the website and Apollo business (unless otherwise stated), (together, Apollo IP)
We give you an exclusive, revocable, world-wide, royalty-free licence to access, use, and download the Apollo IP to the limited extent required to access and use our website, including communicating with us and using or purchasing our Services, in accordance with these Terms.
You must not copy, reproduce, adapt, transmit or distribute any of our content or use the Apollo IP in any way not expressly stated in these Terms (or otherwise allowed by law).
- Our liability to you
We do not promise that the content on this website (or your access to it) will be uninterrupted or errorfree, that any defects will be corrected, or that the website or content are free of viruses or any other harmful components. We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to the website or your use of it. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.
- You acknowledge and agree that, subject to the non-excludable provisions of the Australian Consumer Law (Schedule 2 of the Consumer and Competition Act 2010 (Cth)), any other non-excludable term implied by law, this website and all of Apollo’s goods and services are provided on an "as is" basis without warranties of any kind, either express or implied, and Apollo excludes all warranties, representations, and liability of any kind (including in negligence) in connection with the website, or any goods or services provided or advertised via the website.
- You also agree that Apollo and its related entities will not be liable to you in respect of any claim by you (whether contractual, tortuous, statutory or otherwise) for any economic loss, loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as indirect, incidental, special, punitive, consequential or similar damages arising from your use of this website or our Services or the provision of any other goods or services under these Terms and whether as a result of any breach, default, or negligence by Apollo.
- If the Australian Consumer Law applies and to the extent any liability of Apollo cannot be excluded, Apollo limits that liability, to the maximum extent permitted by law, (at our election) to:
- in the case of goods, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the 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
- in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- The maximum liability of Apollo to you for any matter which cannot otherwise be excluded in accordance with these Terms, is limited to the lesser of [the amount as is covered by our professional indemnity insurance policy terms and the total fees and charges paid by you to us for our Services][NOTE – please advise if this is a suitable limit on liability. Alternatively, we can insert a fixed amount.]
- Notwithstanding the foregoing provisions of this clause 6, if you are an Australian consumer for the purpose of Australian Consumer Law, Apollo provides you with the following notice:
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- For more information about your rights as an Australian consumer please go to www.accc.gov.au.
- Your liability to us
You are liable and solely responsible for:
- any Content you submit via the website;
- your breach of anyone else’s intellectual property rights;
- your breach of these Terms or any applicable law; and
- any claim, action, demand or proceedings instituted against Apollo as a result of your use of our website.
You agree to indemnify Apollo (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (“Apollo Parties”) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Apollo Parties and arising in any way from any of the matters set out in (a) – (d) above.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.
- Privacy & Publicity
We may use your Content (including your name) for the purposes of promoting Apollo and our Services without seeking any further consent or approval from you. This includes publishing your Content via our website, and by any other medium or channel.
- Use of the site outside of Australia
Apollo does not represent that the contents of the website are appropriate or available for use in countries outside Australia. If you choose to access the website from outside Australia, you are responsible for compliance with foreign and local laws.
- Change & Access
Apollo does its best to provide current and accurate information on the website but things sometimes change, and so we may need to update or remove statements and representations made on the website from time to time.
The website will usually be available 24 hours a day, seven days a week. Sometimes the website may be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give you notice before any planned outages, and keep interruptions to a minimum, but we are not responsible for any delay, loss, or other damage you might suffer as a result of any error or interruption in accessing our website.
You are not allowed, without our prior written consent, to frame, deep link, mirror or retransmit any part of the website or its content, or quote or use whole or parts of the website or its content in a third-party website. If you are interested in linking to our website, please [contact us].
- Dispute resolution
If you wish to raise a dispute concerning another user of our website, please contact our [Help Centre] and we will open a dispute case on your behalf. We note, however, you must first attempt to resolve your dispute with the relevant user directly before contacting our [Help Centre]. Once a dispute case is opened by Apollo, we will collect relevant information from both you and the other user concerning the dispute and will use our reasonable efforts to make a determination.
We attempt to resolve disputes as quickly as possible and will rely on you and the other user to promptly provide all necessary information to resolve the dispute in a timely manner. Our dispute resolution service is, however, non-binding and is a process whereby Apollo will use its reasonable efforts to help facilitate a resolution between users of the website.
You acknowledge and agree that Apollo has no responsibility for: (i) any failure of another user to participate in the dispute resolution process; or (ii) failing to resolve your dispute in a timely manner or to your satisfaction.
- These Terms are governed by the laws in force in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.
- Invalidity of any provisions in these Terms does not affect any other provisions. Any delay or failure by us to enforce any rights under these Terms does not constitute waiver.
- We may from time to time make changes to these Terms, and it is your responsibility to ensure that you check these Terms each time you visit our website. Your continued use of this website means that you have accepted any changes we have made. If you do not agree to any amendments made by us to these Terms, then you must immediately cease any further use of our website.
- All prices displayed on the website and referred to in these Terms are, unless otherwise indicated in context, in Australian Dollars and exclusive of GST.
- Nothing in these Terms creates a relationship of employment, partnership, or joint venture between you and Apollo.
Please feel free to [contact us] if you have any questions about these Terms.
Last updated: [November 2017]