These Terms apply to the use of this website. This website is owned and operated by SIROS AUSTRALIA PTY.LTD. ABN: 95 618 213 620. In using this website, you agree to be bound by these Terms. If you do not accept these Terms, you must refrain from using this website. We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms as amended.
In these Terms,
“Website” means https://www.soccerscene.com.au;
“Content” means Online Content and/or Print Content as the context requires;
“Online Content” means online articles available, in accordance with these terms, to subscribers via Website;
“Print Content” means print magazines;
“Subscription Fees” means fees published on the Website payable by subscribers for access to the Online Content and/or cost and delivery of Print Content, as the case may be;
“you” and “your” means the subscriber to the Content named in the online registration form;
“us”, “we” and “our” are references to SIROS AUSTRALIA PTY.LTD. ABN: 95 618 213 620.
The website and the content
1.1 Provided your Subscription Fees are up-to-date and subject to the terms of the following clauses, we will (depending on your subscription):
– Grant you access to the Online Content via our Website; and/or
– Deliver Print Content to the address you provide, within the timeframes and in the manner outlined on our Website.
The following sub-clauses apply.
1.2 We do not guarantee uninterrupted or error-free access to Online Content. Access may be affected by factors such as network or equipment limitations, connection availability, scheduled or unscheduled maintenance downtime, or interruptions affecting the Internet in general. If disruptions occur due to circumstances within our control, we will make reasonable efforts to resolve them promptly to restore your access.
1.3 While we will make reasonable efforts to deliver Content within the timeframes stated on our Website, these are only estimates and may be affected by factors beyond our control. Timeliness is not a critical element of these Terms.
1.4 You agree that your access to the Website and Content is for your personal use only and not for resale, trading, or commercial purposes.
1.5You agree not to exercise any other rights related to access or intellectual property of the Website or Content. The intellectual property rights in the Website and Content are solely owned by us. Specifically, you agree not to:
– Disclose the Content to others;
– Remove any notices regarding rights associated with the Website or Content;
– Create any database including any part of the Content we provide;
– Modify the Content;
– Use or disclose the Website or Content in a manner that violates the law or others’ rights. This includes preventing any use or disclosure that might infringe anyone’s intellectual property rights;
– Allow any unauthorized actions related to the Website or Content not explicitly permitted in these Terms.
We source Content from various providers. While we require contributors to confirm they have the necessary legal rights to provide Content, we cannot guarantee these rights are in place. You accept the associated risk. If we learn that any Content or its use may violate the law or infringe on anyone’s rights, we may suspend or terminate your access, either partially or entirely. We will notify you via the email address provided as soon as reasonably possible.
1.6 We make no assurances that the Content will meet your needs or be error-free. You agree not to rely on the Content or its availability, and you take full responsibility for your independent assessments of the Content, seeking qualified advice where necessary.
1.7 The Content may include links to third-party websites or content not developed by us. While we strive to ensure transparency, the provisions of clause 1.6 still apply to any Content sourced from external sites.
1.8 We reserve the right to stop making certain Content available at our discretion, based on reasonable commercial judgment, such as if the Content becomes outdated, problematic, or if necessary rights clearances are no longer available.
Facilities
2.1 To access the Website and Online Content, you agree that certain facilities are necessary. This clause governs those requirements.
2.2 Your username and password: If we accept your subscription, we will provide you with a username and password. These are personal to you, the individual named in the application. You must keep your username and password confidential and take appropriate security measures to ensure only you have access. You will only use the username and password to access the Online Content via the Website.
2.3 Your equipment and connection: You are solely responsible for the equipment you use to access the Website and Content, as well as for arranging the necessary connections. If we reasonably believe your equipment or connection may cause problems with our facilities (including the Website and Content), we may suspend or terminate access. We will inform you via email as soon as possible, and you will take reasonable steps to resolve the issue.
2.4 Software and documentation: We may provide software or documentation to help you access the Website or Content during your subscription. You are granted a personal, non-exclusive license to use a single copy of the software in object code form solely for that purpose. You may download user documentation but may not use or disclose it beyond what is necessary for your personal use. All intellectual property rights in the software and documentation remain with us.
This clause does not limit your rights under applicable law, such as those related to the Copyright Act 1968 (Cth) regarding computer programs.
Termination
3.1.Either party may terminate this contract if the other party is in breach. We may terminate by providing at least forty-eight (48) hours’ notice to the email addresses provided in the registration form. If we terminate for reasons within our control and not due to your fault, we will provide a credit or rebate for the Subscription Fees paid during the suspension or termination period. Subject to clause 6 regarding liability that cannot be excluded by law, our liability for providing a credit or rebate will not exceed the Subscription Fees for the subscription period in which termination or suspension occurred.
3.2. Upon termination of this contract, you must cease all use of our facilities, including the Website, Content, and any software or documentation provided.
Facilities
4.1 To access the Website and the Online Content, you agree that certain facilities will be necessary. This clause relates to those facilities.
4.2 Your username and password: we will make these available to you if we accept your subscription registration. Your username and password is personal to the individual named on the application form. You will ensure that the username and password are not made available to any person other than that individual and will ensure security measures are in place to support this. You will only allow the Online Content to be accessed via the Website and that username and password.
4.3. Your equipment and connection: you are solely responsible for the equipment used to access the Website and the Online Content and for arranging all connections to the Website. To the extent we have reasonable grounds for believing that your equipment or facilities for connection to the Website or the Online Content may cause problems with any of our facilities (including the Website and the Content); we may terminate or suspend access to those facilities. We will endeavour to tell you about this, using the emailed address you have given us, as soon as reasonable practicable and you will do what you reasonably can to fix those aspects of your facilities which may be the cause of the problem.
4.4. Software and documentation: we may make any software or documentation available to you to assist you to access the Website or the Online Content during a subscription period. You have a personal, non-exclusive license to execute a single copy of the software in object code form only for that purpose only and will ensure that no other use (whether reproductions, communications, adaptations or otherwise) is made, and that no disclosures are made, of that software. You may download one copy of any user documentation we make available to you but may not make any other uses or disclosures of that documentation. You agree that as between you and us, all intellectual property rights in the software and documentation are solely owned by us. This subclause does not preclude you from using or disclosing the software in ways which any applicable law precludes us from prohibiting, for example in respect of computer programs, in ways which are described in ss 47B(3), 47C, 47D, 47E or 47F of the Copyright Act 1968 (Cth).
Subscription fees
5.1. You agree to pay the Subscription Fees in consideration for our obligations under this contract. Subscription Fees are calculated and payable in advance for the duration of your subscription period and in the manner set out on the Website. If your subscription:
- specifies that it is a renewable subscription, at the end of your subscription term your subscription will be automatically renewed for a period of a similar duration to the previous subscription term;
- does not specify that your subscription will automatically renew, at the end of your subscription term your subscription will automatically terminate unless we agree to renew your subscription.
5.2. If your subscription is renewed under sub-clause 1, you must pay the Subscription Fees applicable to any subsequent periods in accordance with clause 5.1 and our then current Subscription Fees.
5.3. Subscription Fees for any annual period are fixed. We do not vary them during the course of any current paid up term.
5.4. Subscription Fees are inclusive of GST (goods and services tax).
Termination
6.1. In addition to the termination or suspension rights provided in this contract, either of us may terminate this contract if the other is in breach of it. We may do this by giving not less than forty-eight (48) hours’ notice to the email addresses respectively set out in the registration form. If we have terminated this contract for no fault of yours and due to circumstances within our control, we will provide you with a credit or rebate for Subscription Fees paid by you for the period of suspension or termination. Subject to the provisions of clause 6 regarding liability which we cannot, by law, exclude, our liability to provide you with such a credit or rebate will not, in any event, exceed Subscription Fees applicable to the subscription period in which the termination or suspension occurred.
6.2. On termination of this contract, you will cease all use and access to any of our facilities (including the Website, the Content and any software or documentation we have made available to you).
Privacy
7.1. We undertake to comply with the terms of our privacy policy, the current version of which can be viewed at Privacy Policy
Liability
8.1. The express clauses of this contract set out certain limits and risks in using our services. Some applicable laws require that certain terms are implied into our contract with you and that we cannot exclude them. Other than for such required implied terms, you and we agree that there are no terms of our contract, express or implied, oral or in writing, which are not expressly set out in these clauses. Notwithstanding any other provision of these terms, neither party shall have liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to the other party for loss of use, profit, revenue, business, data, contract or anticipated benefit or saving, or for any delay, financing costs or increase in operating costs or for any special, indirect or consequential loss. Otherwise, we agree that subject to the following sentence, your (and our) liability is limited to the current year’s Subscription Fee. That limitation does not apply:
- to any act or omission by you which is contrary to anyone’s (including our) intellectual property rights;
- to your (or our) respective liability for damages unavoidably and reasonably incurred in managing and meeting any third party claim which would not have been made but for your (or, as required, our) breach of this contract; or
- to limit our liability for remedies for breach of terms implied into our contract with you by law which we cannot, by law, exclude.
Disputes
8.1. If you have any complaints about our services under this contract, or are otherwise in dispute with us, we agree to a dispute resolution procedure. This is that any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.
General
9.1. Force majeure: neither of us will be liable for any delay or failure to perform its obligations pursuant to this contract if such delay is due to a Force Majeure Event. If a delay or failure to perform is caused or anticipated due to a Force Majeure Event, the performance of the affected party’s obligations will be suspended. If a delay or failure to perform due to a Force Majeure Event exceeds thirty (30) business days, the affected party may immediately terminate the contract on providing notice in writing to the other. In this subclause, “Force Majeure” means any occurrence or omission as a direct or indirect result of which the party relying on it is prevented from or delayed in performing any of its obligations (other than a payment obligation) under this contract and that is beyond the reasonable control of that party, including forces of nature, infectious diseases, industrial action and action or inaction by a government agency.
9.2. Survival of contract: Subject to any provision to the contrary, this contract will ensure to the benefit of and be binding upon the parties and their successors, trustees, permitted assigns or receivers but will not ensure to the benefit of any other persons.
9.3. Contract post-termination or expiry: the covenants, conditions and provisions of this contract which are capable of having effect after the expiration of the contract will remain in full force and effect following the expiration of the contract.
9.4. Governing law & jurisdiction: this contract is governed by the law in force in NSW Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in NSW Australia, and any court that may hear appeals from any of those courts, for any proceedings in connection with this contract, and waives any right it might have to claim that those courts are an inconvenient forum.
9.5. Severability: if any provision of this contract is held to be invalid, unenforceable or illegal for any reason, this contract will remain otherwise in full force apart from such provision which will be deemed deleted.