WARNING! THIS IS A LEGALLY BINDING AGREEMENT THAT GOVERNS YOUR ACCESS TO AND USE OF SPARK FUTBOL’S FOOTBALL PARENT SUPPORT PROGRAM MATERIALS AND RELATED SERVICES.
1. Acceptance of our Terms
1.1 By visiting, viewing, accessing or otherwise using Spark Futbol’s:
- websites, pages or apps, including (without limitation) those located at www.sparkfutbol.com, www.sparkonline.sparkfutbol.com, on Facebook and on our apps (together, the “Website”); and/or
- any of the services, courses or offerings made available via the Website or in connection with Spark Futbol’s ‘The Football Parent Support Program’ (together, the “Services”); and/or
- course material, logos, information, text, data, videos, software, computer code, databases, artwork, photographs, proprietary information, images and other intellectual property materials made available on the Website or in connection with the Spark Futbol’s Parent Support Program (together, the “Spark Materials”),
you agree to be bound by the following Terms and Conditions and our Privacy Policy (together, the “Terms of Use”).
1.2 If you do not want to be bound by our Terms of Use, then your only option is not to visit, view, access or otherwise use the Website, the Services and/or the Spark Materials (together, the “Spark Content”). You understand, agree and acknowledge that these Terms of Use constitute a legally binding agreement between you and Spark Futbol (ABN: 60 642 918 554) (“Spark Futbol”, “we”, “our” or “us”) and you shall be deemed to have accepted the Terms of Use, if you use and/or access the Spark Content.
1.3 To be clear, the Terms of Use apply to all transactions conducted on the Website or any access or use of the Services and Spark Materials.
2. Provision of Spark Content
2.1 You agree and acknowledge that we may modify, delete, improve, update or discontinue the provision of any Spark Content at our sole discretion and without notice to you, even if it may result in you being prevented from accessing any such Spark Content. Also, you agree and acknowledge that we are entitled to provide the Spark Content to you through subsidiaries, affiliates, agents or third parties.
3. Use of the Website
3.1 The Website is made available to you for personal, non-commercial purposes only.
3.2 You may not use the Spark Content in any manner which would circumvent the purpose of the Website.
3.3 You promise that all information you provide on, or in connection with, the Website and Services will be (and will be kept) true, accurate, current and complete.
3.4 The Website is provided ‘as is’ and you must not (and must not attempt to) alter, edit, interrupt or otherwise interfere with the Spark Content (including without limitation, by hacking, introduction of ‘viruses’ and/or uploading of spyware). Further, you must not engage in crawling, scraping, caching or otherwise accessing any content on the Website via automated means or otherwise.
3.5 Full use of the Spark Content is dependent upon your use of a supported device and Internet access. The maintenance and security of this equipment may influence the performance of the Services and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
3.6 Use of certain Services may be subject to certain time limits or access periods. You understand and agree that any use of such Services must be completed within such time limits or access periods.
4. Registration and Access to Spark Materials
4.1 In order to access and use all the functions of the Spark Content, you must complete the registration process and provide all requested information and details in order to set up your Website account (“Account”).
4.2 You promise to keep your Account login details (including password) confidential. You must not let any other person use your Account or access the Spark Content using your Account, and you must not share Spark Content from your Account. You must not use any other person’s Account. You must let us know immediately if you become aware of any unauthorised use of your Account or the Spark Content. We are entitled to track your Account usage, including (without limitation) tracking IP addresses from which your Account is accessed.
4.3 To gain access to certain Spark Content, you must have an Account, and follow all prompts (including, without limitation, providing all relevant details).
4.4 When you sign up to receive access to the Spark Content, such as the course materials and videos for the Parent Support Program, it is your responsibility to:
- select the correct Services (where any options are available); and
- have the necessary technology, software and/or devices available to access the Spark Content and participate as directed by us and/or chosen by you.
4.5 You promise that you will act honestly and in good faith and will not provide any misleading or deceptive (whether express or implied) information (including withholding information) in connection with your Account, registration, payments or use of the Services.
5. Fees and Payment
5.1 In order to purchase access to certain Spark Content, you must also provide valid credit card details and pay the relevant fee indicated at the time of making such purchase.
5.2 You promise that you are authorised to use the credit card you provide in connection with your use of the Spark Content, including (without limitation) paying for any Spark Content via our Website.
5.3 All registrations, purchases and payments will be processed by a third party payment processor and will be governed by that third party’s own Terms of Service and Privacy Policy and you must be comfortable with such Terms of Services and Privacy Policy prior to making payments via such third party payment processing services.
5.4 Without limiting any other provision of the Terms of Use, you agree that we may make your name, address and other relevant details available to third parties involved in the provision of the Services or as otherwise required by law, but we will only otherwise share your details in accordance with our Privacy Policy.
6. No Refunds
6.1 We do not offer refunds, unless required by law.
7. Ownership of COpyright and Information
7.1 We own or control all right, title and interest (including copyright and other intellectual property rights) in and to the Spark Content, including (without limitation) all course materials and videos.
7.2 Various company, product, and service names displayed on the Spark Content may be trade marks or service marks owned by others (the “Third-Party Material”). Your use of the Spark Content should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Material displayed on, or in, the Spark Content.
7.3 You may access Spark Content only for the purpose of viewing such Spark Content on a personal electronic device (such as your phone or computer). You may not otherwise use or exploit (including, without limitation, by way of selling, distributing, adapting, editing, changing, transforming, republishing, showing or playing in public (for a commercial purpose), publishing or communicating) the Spark Content without our prior written agreement and we reserve all such rights in the Spark Content.
7.4 You undertake not to:
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- copy, download or otherwise attempt to acquire any part of the Spark Content;
- disassemble, decompile or otherwise reverse engineer the Website; or
- allow or facilitate any use of the Spark Content,
in a manner which would constitute a breach of our rights, the rights of any third party or these Terms of Use.
7.5 If you become aware of any Spark Content which you believe infringes the law or infringes your or any other person’s rights (including copyright, other intellectual property rights), or you have a complaint to make regarding the content of the Website or the Spark Content, you must immediately report it to us(including specifying the URL on which the material appears and a description of the relevant offending material).
8.Permissions
8.1 If you wish to discuss obtaining permission to use any Spark Content, please feel free to email us at [email protected].
9.User Content
9.1 When you submit content to the Website (“User Content”) you simultaneously grant us a royalty-free, worldwide, irrevocable, perpetual license to publish, display, modify, distribute, communicate, syndicate and otherwise use that content in any manner throughout all media.
9.2 We may reject, reclassify, or remove any User Content created or uploaded using the Website at our sole discretion, including (without limitation) if we receive a complaint from a third party and determine that the User Content in question should be removed as a result.
10.Acceptable Usage Policy
10.1 You may only use our Spark Content in a manner that is lawful and that complies with the following:
- you must not use the Spark Content in any way, or for any purpose, that is unlawful or fraudulent;
- you must not use the Spark Content in any unauthorised mass-communications, commonly referred to as “spam” or “junk mail”;
- you must not use our Website or Services to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind;
- you must not use Spark Content in any way, or for any purpose, that is intended to harm any person or persons in any way or infringe any person’s rights;
- you will not portray Spark Futbol (or any of our officers, employees, representatives, affiliates, agents and related parties) in a false, derogatory or offensive manner; and
- you are solely responsible for your interactions and communications and all interactions and communications made using your Account, on the Website or when using the Services.
10.2 We reserve the right to monitor the use of the Spark Content. If you (or your Account) shows signs of fraud, abuse or suspicious activity, we may cancel or suspend the Account and your access to the Spark Content immediately.
10.3 Without limiting any of our other rights or the Terms of Use, we retain the right and absolute discretion to suspend, terminate and/or delete your Account and/or prohibit your access to the Spark Content without notice if we believe you have abused any privilege granted to you as a user of the Spark Content, supplied misleading information or made any misrepresentations to us in connection with the Spark Content, tampered with the Spark Content in any way, breached the Terms of Use, or engaged in any unlawful or other improper conduct.
11.Indemnification
11.1 You agree to indemnify us (including our officers, employees, representatives, affiliates, agents and related parties, together “the Indemnified”) and hold the Indemnified harmless from and against any and all liability, loss, claims, demands and/or expenses (including indirect and consequential losses), from any allegation arising out of (or relating to) your use of the Spark Content or which the Indemnified may incur including as a result of any breach by you of these Terms of Use (including a breach of your warranties) or any negligent act or omission by you.
12.No Warranties
12.1 Spark Futbol’s key representatives, including Cam Jones, are football professionals with extensive experience, playing, coaching and educating in relation to football – they are not (unless expressly stated otherwise) health practitioners, psychologists or counsellors, and have no qualifications to provide any specific health (both mental or physical) advice. Following the guidelines and instructions of Spark Futbol is entirely at your own risk, and you should seek expert advice in connection with any and all specific health matters and other matters which are beyond our area of expertise.
12.2 We do not promise or warrant in any way that:
- the Spark Content will be constantly available, or available at all;
- the information contained within the Spark Content (or on any related website or social media pages) is exhaustive or complete (and you acknowledge that information, knowledge and accepted principles change over time and should considered in the context of your own circumstances and other publicly available information);
- you can rely solely on the Spark Content; or
- the information contained in the Spark Content is of specific value to you in your personal circumstances.
12.3 We make no representations as to the accuracy or completeness of any third party information made available by third parties or by following any link or direction in the Spark Content.
12.4 Nothing in the Spark Content constitutes, or is meant to constitute, specific advice to you in the context of your personal circumstances. If you require any advice or assistance in relation to any matter (including legal, financial, medical or personal matters), then you should consult an appropriate professional.
12.5 We do not have any obligation to moderate, monitor, edit or approve any content on the Website, nor do we have any obligation to remove content you disapprove of.
12.6 Any cost associated with accessing and using the Spark Content generally remains your responsibility and is dependent on the service provider used. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the Website and meets all relevant technical specifications necessary to obtain the benefit of the Spark Content.
13. Disclaimers
13.1 The Spark Content provides information of a general nature only. No part of the Spark Content or any accompanying documentation (whether provided in electronic form or otherwise) should be considered to constitute advice on which you should rely entirely. Professional or specialist advice should always be sought before taking any action which you feel may be necessary after accessing the Spark Content. We make no representation or warranty that the Services will provide any specific health benefit or outcome.
13.2 Subject to your legal rights as a consumer, insofar as is permitted by law, we make no representation or warranty that the Spark Content will: meet your requirements; achieve any intended results; be fit for a particular purpose; not infringe the rights of third parties; be compatible with all software and hardware; or that it will be secure. You release and indemnify us against any liability, loss or damage or expense arising from or in connection with any actual or alleged personal injury, illness, disease, mental or psychological trauma, death or any other physical or mental condition which arises in connection with your use or misuse Spark Content.
13.3 We make reasonable efforts to ensure that the content contained within the Spark Content is accurate and up to date. We do not, however, make representations, warranties or guarantees (whether express or implied) that the Spark Content is exhaustive, complete or up to date.
13.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created, uploaded, or hosted using our Website. Any such opinions, views, or values are those of the relevant user, and do not reflect our opinions, views, or values in any way.
13.5 We are not responsible for any aspect of any services provided by any third parties, nor do we necessarily endorse those services, or any other identified in the Spark Content, in any way. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any third party websites or services.
13.6 The Spark Content including all software, content and other information, materials and products included on or otherwise made available to you through the Website are provided “as is” and “as available” without warranties of any kind from us or any owners of content.
13.7 To the full extent permissible by applicable law, we (and all owners of content) disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither we, nor any owner of content, warrants that the service or any software, content, information, materials or products included on or otherwise made available to you through the service are free of viruses or other harmful components.
14. Termination of Agreement
14.1 We may, at any time, prohibit you from using the Spark Content (or any part of the Spark Content) and/or terminate any of your rights to use the Spark Content. If we notify you of such prohibition or termination, then you must immediately cease using the Spark Content (or the relevant part of the Spark Content) and you must not attempt to continue to use such Spark Content.
14.2 For so long as you use the Spark Content, the Terms of Use will continue to apply. Terms that are intended (expressly or implicitly) to continue in perpetuity shall be unaffected by any termination of the arrangement between you and us governed by these Terms of Use.
15. Limitation of Liability
15.1 To the maximum extent permitted by law, all express or implied terms, conditions, warranties and representations in relation to any Spark Content (whether provided by us or our affiliates) are expressly excluded. In particular, we make no promises that the Website will operate on your computer and we do not assume any responsibility for (and you agree we will not be liable for) any cost, damage or loss incurred by you as a result of using the Spark Content including (without limitation) arising from, or in relation to, any error, action, omission, “bug”, “virus”, interruption, interference, deletion, defect, delay in operation or transmission, communication line failure, unauthorised access to, or alteration of the Spark Content, whether negligent or otherwise.
15.2 In no event will we (including our officers, employees, representatives, affiliates, agents and related parties) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, privacy, opportunity or goodwill; or (c) business interruption; however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of your use of the Spark Content.
15.3 If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms of Use, to the extent permitted by law, our entire liability and your exclusive remedy is limited, in our discretion, to: (i) the re-supply of the Services; or (ii) the payment of the cost of having the Services re-supplied, each capped at the total fees paid by you for access to such Services.
15.4 If you become aware of any damage, loss or injury to any person or property with a connection to Spark Futbol or the Spark Content (or any incident that may result in any such damage, loss or injury), then you must immediately notify us.
16. No Endorsement of Third Parties or Third-Party Content
16.1 The Spark Content may include third-party content or advertising or links to third-party content, advertising and other websites. Links to third-party content, advertising and/or other websites are inserted for convenience and do not constitute endorsement of material or information at those links, or any associated person, organisation, product or service.
16.2 You acknowledge and agree that unless specifically expressed otherwise, we do not endorse any person, advertising, products, goods or resources appearing in the Spark Content (and are not responsible for, or liable in any way in relation to, such advertising, products, goods or resources).
16.3 You acknowledge that third-party websites and services which are linked to this Website may be governed by their own terms and conditions, and you agree that it is your responsibility to make yourself aware of, and to comply with, such third-party terms and conditions.
17. Jurisdiction
17.1 You understand and agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia to resolve any legal matter arising in connection with the Terms of Use (including any use of the Spark Content).
18.Unenforceable provisions
18.1 If the courts of New South Wales, Australia rule that any provision of the Terms of Use are invalid or unenforceable, then that provision will be removed or read down and amended, and the remaining provisions will continue to be valid and enforceable.
19. Changes to the Terms of Use
19.1 We reserve the right to modify the Terms of Use from time to time at our sole discretion and without any notice. We will endeavor to notify you of any changes to the Terms of Use, but you agree to regularly check the Terms of Use for updates. Changes to the Terms of Use become effective on the date they are posted and your continued use of the Spark Content after any changes to the Terms of Use will signify your agreement to be bound by the amended Terms of Use.
20. Relationship
20.1 Nothing in the Terms of Use is intended to create, nor does create, a partnership, agency, employment or fiduciary relationship between us and you (or any user of the Spark Content).
21. Additional Terms
21.1 The Terms of Use may not cover all aspects of every interaction of our relationship with you. For example, if you subscribe to a particular service offered by us, then you may be required to enter a further agreement in relation to that particular service. Even if you enter such a further arrangement with us, the Terms of Use shall continue to be binding.