Introduction

These Terms and Conditions of Use (Terms of Use) apply to the AFF website located at www.ausfencing.org (Site).  The Site is the property of Australian Fencing Federation Ltd ACN 161 544 752 (AFF) and its licensors.  In these Terms of Use the words “us”, “our” or “we” refers to the AFF and “you” or “your” refers to the Site user.  Our Privacy Policy (available on our Site) and these Terms of Use govern the relationship between us and you in connection with the use of the Site.

We reserve the right to change, modify, add or remove portions of these Terms of Use, at any time.  It is your responsibility to check these Terms of Use periodically for changes.  Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Site Content and Access

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the Site (Content) is owned, controlled or licensed by or to us.  Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purposes, without our express prior written consent.

While we endeavour to take reasonable care in preparing and maintaining the information on the Site we do not warrant the accuracy, reliability, adequacy or completeness of any Content.  You acknowledge and accept that the Content may include inaccuracies and typographical errors.  Content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

The AFF does not guarantee that access to the Site will be uninterrupted or that the Site is free from viruses or anything else which may damage any computer which accesses the Site or any data on such a computer.

Your Obligations

You agree not to:

  • use the Site for unauthorised or unlawful purposes;
  • use the Site for unauthorised commercial purposes;
  • post anything on the Site that is illegal, inappropriate, profane, obscene, defamatory, knowingly false and/or infringes copyright;
  • conduct surveys, contests, pyramid schemes or chain letters on the Site;
  • introduce any form of malicious software into the Site; or
  • collect information about others on the Site without their consent.
  • encourage or instruct any other persons to do any of the foregoing or to otherwise violate these Terms of Use.

Online Portal

If become a registered user of the AFF Online Portal:

  • you represent that all information you provide upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy;
  • you are responsible for anything that happens through your account;
  • you are responsible for keeping your password secret and secure; and
  • you agree you will not share, sell, transfer, license or assign your account, username, or any account rights.

Restricting Access

We reserve the right to restrict or terminate your access to our Site or any services at any time without notice.

Intellectual Property

The Content displayed on the Site, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are owned, controlled or licensed by or to us and are protected by copyright, trade mark and other intellectual property laws.  Any such content may be displayed and printed solely for your personal, non-commercial use provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without our express prior written consent.

Save for the above, and unless expressly granted, we do not grant any licence or right in, or assign all or part of, its intellectual property rights in the Content or applications incorporated into the Site or in the user interface of the Site.

Submissions

Any material you send to us on or via the Site (other than materials submitted via the AFF Online Portal) will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise.  This includes any data, questions, comments, suggestions, ideas or other information.  We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.

Third Party Websites

Where the Site contains links to websites maintained by other organisations, those references to other sites are provided as an information services only and should not necessarily be construed as an endorsement or approval.

We have not approved or checked any third party sites linked to our Site and we are not responsible or liable in any way for their content.

Limitation of Liability

Subject to any terms implied by law and which cannot be excluded, we accept no responsibility or liability for any loss, damage, cost or expense, whether direct or indirect (including but not limited to legal costs and defence of or settlement of claims or consequential loss or damage) howsoever caused, whether by negligence or otherwise, which may be suffered or which may arise from or in connection with your use of the Site or your reliance upon any Content contained in it and you release us from all such claims.

You indemnify us and hold us harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of these Terms of Use, your access and/or use of the Site or reliance on its contents or information.

Privacy

Our Privacy Policy sets out the manner in which we treat your personal information.

Governing Law

These Terms and Conditions are governed by the laws in force in Victoria.  Each party submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia and any courts that may hear appeals from those courts about any proceedings in connection with these Terms of Use.