User Terms and Conditions
1. These terms and conditions of use describe your rights and responsibilities as a user of the Site.
2. Your use of the Site will represent your acceptance of these terms and conditions.
3. Having a Site account is not required to view the Site, however a School or Organisation will not be able to participate in the Program without a Site account.
4. To create a Site account for a School or Organisation you must provide certain information as set out on the Site. A School or Organisation may request to close its Site account at any time.
5. The Site is operated by the ASC.
6. The ASC may make changes to the Site or these terms and conditions at any time and your use of the Site following any such changes will represent your acceptance of the terms and conditions as amended.
7. These terms and conditions apply without limitation to or from the Coach Terms and Conditions, Organisation Terms and Conditions and School Terms and Conditions applicable to Coaches, Organisations and Schools respectively.
8. In these terms and conditions:
a. ‘ASC’ means the Australian Sports Commission;
b. ‘Coach’ means an individual (being an employee, contractor or volunteer of an Organisation) nominated by an Organisation to deliver activities under the Program, excluding Teachers;
c. ‘Grant’ means funding allocated to a School by the ASC to support the delivery of activities under the Program;
d. ‘NSO’ means a National Sporting Organisation accepted by the ASC as a partner sport in the Program;
e. ‘NSO-nominated coaching provider’ means a coaching provider approved by an NSO to deliver activities under the Program with respect to the NSO’s sport;
f. ‘Organisation’ means an NSO, SSO or NSO-nominated coaching provider;
g. ‘Program’ means the ASC’s Sporting Schools program;
h. ‘School’ means an educational establishment whose major activity is the provision of full-time primary or secondary education accepted by the ASC to conduct activities under the Program;
i. ‘Site’ means the Program website;
j. ‘Site account’ means an account for use of the Site by a School or Organisation that intends to participate in the Program, accessed via a registered individual username and password for an employee of the School or an employee, contractor or volunteer of the Organisation;
k. ‘SSO’ means a State Sporting Organisation approved by an NSO to deliver activities under the Program with respect to the NSO’s sport;
l. ‘Teacher’ means an individual (being an employee of a School that have a valid State and/or Territory teacher registration) nominated by a School to deliver activities under the Program.
11. You are eligible to create a Site account for a School or Organisation if, respectively, you are:
a. an employee of a School that intends to have activities under the Program delivered at its nominated location(s); or
b. an employee, contractor or volunteer of an Organisation that intends to participate in delivering activities under the Program.
12. A Site account is separate and distinct from any application for a Grant or to participate in the Program, for which separate terms and conditions apply.
13. Creating a Site account does not guarantee, secure or result in the success of any application for a Grant or to deliver or participate in the Program.
14. The ASC will allocate to you a username, password and any additional details that may be required to access the Site account.
15. Details of Grants and bookings may only be accessed through the Site account and only by using the username and password or other authentication details allocated to you by the ASC.
16. You must:
a. not access or seek access to (either directly or indirectly) the Site account of any other Site user, School or Organisation;
b. not permit any unauthorised person to access the Site account to which you have been granted access or use your username or password;
c. keep your username and password secure at all times and not disclose your password to any unauthorised person;
d. advise the ASC immediately if you suspect that the security of the Site account to which you have been granted access may have been compromised (for example, your username or password has been lost or stolen); and
e. ensure that any information that you provide to the Site or in relation to a Site account is accurate and kept up to date.
17. The ASC may in its absolute discretion lock, suspend or terminate your access to the Site or the Site account at any time.
USE OF SITE
18. You are responsible for any and all content or information you submit to the Site whether or not it is published on the Site.
19. The use of any software (for example bots, scraper tools) or other automatic devices to access, monitor or copy the Site pages or their contents is prohibited unless expressly authorised by the ASC in writing.
20. You must use the Site and the Site account only:
a. for lawful purposes; and
b. in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Site by any other person, including prohibition of conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to the Site.
21. You must not post or transmit via the Site any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.
22. The ASC makes no representation that the material on the Site is accurate, complete, current or does not infringe the intellectual property rights or any other rights of any person. The ASC does not accept responsibility for the reproduction of any material on the Site.
23. Apart from any use as permitted under the Copyright Act 1968 (Cth), the ASC reserves all other rights in relation to the material on the Site.
THIRD PARTY CONTENT AND LINKS
24. The Site contains hyperlinks to other websites. Such links are provided for convenience only and the ASC takes no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on the Site to another website does not imply the ASC’s endorsement, support or sponsorship of the operator of that website or of the information or products which they provide.
25. You may link to the Site without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of the Site’s contents including any intellectual property notices and you must not frame or reformat any of the pages, files, images, text or other materials.
26. Your personal information is protected by law, including the Privacy Act 1988 (Cth), and is collected and used by the ASC to:
a. establish and administer the Site account;
b. enable your access to the Site account;
c. administer the Program;
d. link you with other individuals, Schools and Organisations that are participating, or seeking to participate, in the Program;
e. allow other individuals, Schools and Organisations participating, or seeking to participate, in the Program to contact you directly to request or provide services to assist in delivering activities under the Program; and
f. encourage and provide professional development and training opportunities.
27. You agree to allow other Site users to access your relevant personal information for the purposes of the Program described in clause 26 and you agree to use the personal information of other Site users only for such purposes.
28. Your personal information may be used by the ASC and disclosed to other persons for the purposes described in clauses 26 and 27 and as required or authorised by law.
LIABILITY AND INDEMNITY
30. The ASC will take reasonable care in providing information and services through the Site. However, the ASC does not warrant that you will have continuous access to the Site nor does it accept liability for any loss, damage, cost or expense (to any person or property) including consequential or indirect loss or any loss of profits, data or revenue that could arise as a result of your use of the Site or your inability to access the Site.
31. You must indemnify and hold the ASC, its officers and employees harmless from any liability, claim, action, loss, expense or costs (including legal costs on a full indemnity basis) arising out of, relating to or in connection with your use of the Site.
32. To the maximum extent permitted by law, you release and discharge the ASC, its officers and employees from any liability or claim arising out of, relating to or in connection with any loss, damage, cost or expense that may be suffered or incurred as a result of your use of the Site.
33. Your obligations to indemnify and release set out in clauses 30, 31 and 32 survive regardless of you ending your use of the Site.
34. If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in full force.
35. These terms and conditions of use are governed by the laws of the Australian Capital Territory and you agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.