Terms of Use - Spark Online

SPARK FUTBOL - TERMS OF USE

WARNING! THIS IS A LEGALLY BINDING AGREEMENT THAT GOVERNS YOUR ACCESS TO AND USE OF SPARK FUTBOL’S OF OUR APPS, WEBSITES, CONTENT, TRAINING PROGRAM MATERIALS, FOOTBALL PARENT SUPPORT PROGRAM MATERIALS AND RELATED SERVICES.

Acceptance of our Terms
1. By visiting, viewing, accessing or otherwise using Spark Futbol’s:
  1. websites, social media pages or apps, including (without limitation) those located at www.sparkfutbol.com, www.sparkonline.sparkfutbol.com, on Facebook and on our apps (together, the “Sites”); and/or
  2. any of the services, courses or offerings made available via the Sites or in connection with Spark Futbol’s ‘The Football Parent Support Program’ and/or the ‘Technical Essential Player Pack’ (together, the “Services”); and/or
  3. 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 Sites or in connection with the Spark Futbol’s ‘Parent Support Program’ or the ‘Technical Essential Player Pack’ (together, the “Spark Materials”), you agree to be bound by the following Terms of Use and our Privacy Policy (together, the “Terms of Use”).
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 Sites, 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, our Sites or our Services.
3. To be clear, the Terms of Use apply to all transactions conducted on the Sites or any access or use of the Services and Spark Content.
Provision of Spark Content
1. You agree and acknowledge that we may modify, delete, improve, update or discontinue the provision of any Spark Content, Sites or Services at our sole discretion and without notice to you, even if it may result in you being prevented from accessing any such Spark Content, Sites or Services. Also, you agree and acknowledge that we are entitled to provide the Spark Content, Sites and Services to you through subsidiaries, affiliates, agents or third parties.
Use of the Sites
1. The Spark Content and Sites are made available to you for personal, non-commercial purposes only.
2. You may not use the Spark Content, Sites or Services in any manner which would circumvent the purpose of the Sites or Services.
3. You promise that all information you provide on, or in connection with, the Sites and Services will be (and will be kept) true, accurate, current and complete.
4. The Sites, Services and Spark Content are provided ‘as is’ and you must not (and must not attempt to) alter, edit, interrupt or otherwise interfere with the Spark Content or our Sites or Services (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 Sites via automated means or otherwise.
5. Full use of the Spark Content, our Services and our Sites 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 Sites and 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.
6. Use of certain Sites and 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.
Registration and Access to Spark Materials
1. In order to access and use all the functions of the Spark Content, Sites and Services, you must complete the registration process and provide all requested information and details in order to set up your Spark Futbol account (“Account”).
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, Sites or Services 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.
3. To gain access to certain Spark Content and Services you must have an Account, and follow all prompts (including, without limitation, providing all relevant details). You may also be required to obtain a paid subscription to access certain Spark Content and Services (each “Subscription Services”).
4. When you sign up to receive access to the Spark Content, such as the course materials and videos for the Parent Support Program or the Technical Essentials Player Pack, or any Subscription Services, it is your responsibility to:
  1. select the correct Services (where any options are available); and
  2. have the necessary technology, software and/or devices available to access the Spark Content, Sites and Services, and participate as directed by us and/or chosen by you.
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 Spark Content, Sites and Services.
Fees and Payment
1. In order to purchase access to certain Spark Content and Services, you must also provide valid credit card details and/or select a valid payment method, and pay the relevant fee indicated at the time of making such purchase. If you elect to access materials which are made available via a Subscription Service, then you will be charged (and must pay) a subscription fee at prices and intervals notified to you (the “Subscription Fee”) from time-to-time.
2. If you do not pay your Subscription Fee at any time, then we may remove access to the relevant Subscription Services and/or cancel your Account. You may cancel your subscription at any time, in which case you will lose access to the relevant Subscription Services at the end of the period for which you have paid your Subscription Fees (but you will not be entitled to any refund for any unused portion of such period).
3. You promise that you are authorised to use the credit card you provide or other payment method in connection with your use of the Spark Content, Sites or Services, including (without limitation) paying for any Spark Content or Subscription Services via our Sites.
4. 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. 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 Spark Content, Sites and Services or as otherwise required by law, but we will only otherwise share your details in accordance with our Privacy Policy.
No Refunds
1. We do not offer refunds, unless required by law.
Ownership of Copyright and Information
1. We own or control all right, title and interest (including copyright and other intellectual property rights) in and to the Spark Content, Sites and Services, including (without limitation) all course materials and videos.
2. Various company, product, and service names displayed on the Spark Content and Sites may be trade marks or service marks owned by others (the “Third-Party Material”). Your use of the Spark Content or Sites 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.
3. You may access Spark Content and Sites 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.
4. You undertake not to:
  1. copy, download or otherwise attempt to acquire any part of the Spark Content;
  2. disassemble, decompile or otherwise reverse engineer the Sites or Spark Content; or
  3. 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.
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 on the Sites 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).
Permissions
1. If you wish to discuss obtaining permission to use any Spark Content outside of the context or availability on the Sites in accordance with these Terms of Use, please feel free to email us at headoffice@sparkfutbol.com.
User Content and Community
1. When you submit content to the Sites (“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.
2. You must comply with any and all Community and/or communication rules, Codes of Conduct or guidelines and may not breach any laws or infringe any person’s rights in connection with the use of the Sites, Services or Spark Content.
3. We may reject, reclassify, or remove any User Content created or uploaded using the Sites 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. We may also suspend your rights to submit User Content (including, using any Community communication portals).
Acceptable Usage Policy
1. You may only use our Spark Content, Sites and Services in a manner that is lawful and that complies with the following:
  1. you must not use the Spark Content, Sites and Services in any way, or for any purpose, that is unlawful or fraudulent;
  2. you must not use the Spark Content, Sites and Services in any unauthorised mass-communications, commonly referred to as “spam” or “junk mail”;
  3. you must not use our Sites 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;
  4. you must not use Spark Content, Sites and Services 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;
  5. you will not portray Spark Futbol (or any of our officers, employees, representatives, affiliates, agents and related parties) or Sites or Services in a false, derogatory or offensive manner; and
  6. you are solely responsible for your interactions and communications and all interactions and communications made using your Account, on the Sites or when using the Services.
2. We reserve the right to monitor the use of the Sites, Services, Spark Content and User Content. If you (or your Account) shows signs of fraud, abuse, breach of these Terms of Use or suspicious activity, we may cancel or suspend the Account and your access to the Spark Content, Sites and/or Services immediately.
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, Sites and Services without notice if we believe you have abused any privilege granted to you as a user of the Spark Content, Sites or Services, supplied misleading information or made any misrepresentations to us in connection with the Spark Content, Sites or Services, tampered with the Spark Content, Sites or Services in any way, breached the Terms of Use, or engaged in any unlawful or other improper conduct.
Indemnification
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, Sites and Services 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.
No Warranties
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.
2. We do not promise or warrant in any way that:
  1. the Spark Content or our Sites will be constantly available, or available at all;
  2. 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);
  3. you can rely solely on the Spark Content; or
  4. the information contained in the Spark Content is of specific value to you in your personal circumstances.
3. When engaging in any activities related to, or connected with, guidance or instructions included in the Spark Content, it is the user’s responsibility to ensure that such guidance or instructions are followed precisely and sensibly in a safe and appropriate manner in all the circumstances. Do not engage in any act or omission in a manner that may cause injury or damage to you or any other person. To the extent permitted by law, Spark Futbol will not be liable or responsible for the acts and omissions of the user of any guidance or instructions included in the Spark Content or on the Sites, and you hereby release Spark Futbol from any claims in connection with any such injury or damage.
4. 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.
5. 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.
6. We do not have any obligation to moderate, monitor, edit or approve any content on the Sites, nor do we have any obligation to remove content you disapprove of (but we reserve the right to do so).
7. Any cost associated with accessing and using the Spark Content, Sites and Services 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 Spark Content, Sites and Services and meets all relevant technical specifications necessary to obtain the benefit of the Spark Content, Sites and Services.
Disclaimers
1. The Spark Content, Sites and Services 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, Sites and Services. We make no representation or warranty that the Spark Content, Sites and Services will provide any specific health benefit or outcome.
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, Sites and Services 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, Sites and Services.
3. We make reasonable efforts to ensure that the content contained within the Spark Content, Sites and Services are accurate and up to date. We do not, however, make representations, warranties or guarantees (whether express or implied) that the Spark Content, Sites and Services are exhaustive, complete or up to date.
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 Sites. Any such opinions, views, or values are those of the relevant user, and do not reflect our opinions, views, or values in any way.
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 or on the Sites, 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.
6. The Spark Content, Sites and Services including all software, content and other information, materials and products included on or otherwise made available to you through the Sites are provided “as is” and “as available” without warranties of any kind from us or any owners of content.
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.
Termination of Agreement
1. We may, at any time, prohibit you from using the Spark Content, Sites or Services (or any part thereof) and/or terminate any of your rights to use the Spark Content, Sites and Services. If we notify you of such prohibition or termination, then you must immediately cease using the Spark Content, Sites and Services (or the relevant part of the Spark Content, Sites and Services) and you must not attempt to continue to use such Spark Content, Sites or Services.
2. For so long as you use the Spark Content, Sites or Services, 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.
Limitation of Liability
1. To the maximum extent permitted by law, all express or implied terms, conditions, warranties and representations in relation to any Spark Content, Sites or Services (whether provided by us or our affiliates) are expressly excluded. In particular, we make no promises that the Sites 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, Sites or Services 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, Sites or Services, whether negligent or otherwise.
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, Sites or Services.
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: (a) with respect to the supply of goods: 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; (b) with respect to the supply of services: the re-supply of the services; or the payment of the cost of having the services re-supplied (capped at the total sum paid by you to Spark Futbol in the 12 month period prior to the re-supply of such services).
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, Sites or Services (or any incident that may result in any such damage, loss or injury), then you must immediately notify us.
No Endorsement of Third Parties or Third-Party Content
1. The Spark Content and Sites 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.
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 or Sites (and are not responsible for, or liable in any way in relation to, such advertising, products, goods or resources).
3. You acknowledge that third-party websites and services which are linked to the Sites 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.
Jurisdiction
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, Sites or Services).
Unenforceable provisions
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.
Changes to the Terms of Use
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, Sites or Services after any changes to the Terms of Use will signify your agreement to be bound by the amended Terms of Use.
Relationship
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, Sites or Services).
Additional Terms and Agreements
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.
2. To the extent that there are any conflicts or contradictions between these Spark Futbol Terms and Conditions of Use, the Booking Terms and Conditions, our Privacy Policy or any other agreements, guidelines, codes of conduct or rules implemented by Spark Futbol, you agree that the terms are to be interpreted in the most favourable reading for Spark Futbol.