NSW Blues App – Terms of Use /

NSW Blues App – Network Terms of Use

The NSW Blues app (a division of NSWRL.com.au) and other pages and websites with the NSW Blues app, is operated by the New South Wales Rugby League (NSWRL) and each of their respective associates, related entities and subsidiaries (we, us, our).

Use of the NSW Blues app and any information or services provided through the NSW Blues app is subject to the following terms and conditions and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on the NSW Blues app from time to time (together, the Terms of Use).

By registering on the NSW Blues app or by accessing or using any part of the NSW Blues app and the information and services provided through the NSW Blues app, you will be deemed to have accepted and agreed to be bound by the Terms of Use as updated from time to time, whether you are a visitor simply browsing the NSW Blues app or you become a registered user of the NSW Blues app (both, Users). If you do not agree with any of Terms of Use, or any changes to them, do not register on or use the NSW Blues app.

1. Use of the NSW Blues App
The NSW Blues app is designed to provide a place where NSW Blues fans can engage with the Brydens Lawyers NSW Blues team and fellow supporters (Blatchys Blues) via digital content and fan-engagement technologies. The information and material contained in or available through the NSW Blues app is provided for general informational purposes only. Users access the NSW Blues app, and rely on the Information, at their own risk. By using the NSW Blues app, you agree that:

• you will only use the NSW Blues app for personal, non-commercial use and;
• you will not use the NSW Blues app in a way that causes us loss or damage.

2. Registration
You may register on the NSW Blues app in order to access certain parts of the NSW Blues app, including certain premium content, and in order for us to provide you with information and other content on the NSW Blues app to match your selected preferences (eg news stories from your favourite NRL clubs). [To register on this NSW Blues app, Users must be aged 18 years or over.] All information provided is deemed to be true. When you register, we will collect certain registration information from you. Such information may include, but is not limited to, your name, contact details and Rugby League-related preferences. We may also collect additional information based on your usage of the NSW Blues app. We may use the information collected to provide a personalised experience for you on the NSW Blues app and for our own business and administrative purposes. We will deal with any personal information we collect about you in accordance with the NSWRL Privacy Policy and privacy law.

You must provide us with complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information.

You must keep your user-name and password confidential and secure and not permit any other person to access the NSW Blues app using your user-name and password. We are entitled to assume that all uses of the NSW Blues app under a User's user-name are undertaken by that User (unless we have been told that the User's details have been compromised).

3. Access to and use of the NSW Blues app
Users acknowledge and agree that we may:

• make changes to the NSW Blues app and the information and services provided through the NSW Blues app;
• monitor access to and use of the NSW Blues app by Users; and
• cancel a User's access to the NSW Blues app if we believe:
• the User has breached the Terms of Use; or
• the User is no longer eligible or authorised to access the NSW Blues app.

Access to the NSW Blues app depends on telecommunications and internet service providers and other external factors and we do not guarantee the availability of the NSW Blues app at all times or at any specific times.

While we will take reasonable precautions to ensure the NSW Blues app is secure, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, we cannot ensure the security of any information transmitted to, from or using the NSW Blues app and Users do so at their own risk.

4. User-posted content
Some parts of the NSW Blues app may allow Users to submit, upload, post or transmit content or material such as text, photos, images, audio and video (including links to content or material) (Material), including Material that may be accessed and viewed by other Users. Users are responsible for any Material they submit to, on or through the NSW Blues app and must respect the legal rights and sensibilities of other Users.

We reserve the right to (but have no obligation to) review, remove, modify, deny access to or not display any Material submitted, uploaded, posted or transmitted to, on or through the NSW Blues app in our sole discretion, including where that Material is Prohibited Material or otherwise breaches the Terms of Use.

By submitting, uploading, posting or transmitting Material to, on or through the NSW Blues app, Users:

grant us a royalty free, non-exclusive, perpetual, worldwide licence to (and to authorise others to) use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Material for the purposes of operating the NSW Blues app and providing any associated services to Users and for our reasonable business and administrative purposes (including promotional and marketing purposes);

consent to us using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them which is contained in the Material for the above purposes;

grant other Users a royalty free, non-exclusive, perpetual, worldwide licence to use, copy and reproduce such Material for their own private, non-commercial use;

warrant that the Material is not Prohibited Material and that they are legally entitled to submit, upload, post or transmit the Material to, on or through the NSW Blues app and have obtained all necessary licences, consents and approvals in relation to the Material (including intellectual property licences and in relation to the use of any name, character, likeness, image, voice or anything else that identifies any person that is included in the Material) to enable them to submit, upload, post or transmit the Material to, on or through the NSW Blues app and to permit us and other Users to deal with the Material in accordance with the licences granted above; and

consent to any act or omission that would otherwise infringe their moral rights in the Material and present and future rights of a similar nature conferred by statute anywhere in the world.

5. No liability for misuse by other Users
We do not warrant that Material submitted, uploaded, posted or transmitted by Users will be protected against misuse by third parties. In particular, we are not responsible for the infringement of the copyright in Material by other Users.

6. Conduct of Users
Users must not submit, upload, post or transmit Material to, on or through the NSW Blues app that:

• is offensive, unlawful, defamatory, false or misleading, discriminatory, pornographic, sexually explicit, unsuitable for minors or of an abusive, violent, obscene, offensive or menacing nature;
• is racist or hateful or promotes racism or hatred towards another person or group of persons
• contains nudity, swear words or excessive violence;
• is reasonably likely to offend another User;
• contains advertising or is otherwise submitted, uploaded, posted or transmitted for commercial purposes;
• violates or infringes (or the use of which violates or infringes) the intellectual property or other rights of any person or entity;
• contains personal information of any person (such as name, address, email address, phone number), except with the relevant person's permission;
• contains or transmits malware, viruses or other harmful computer code;
• contains a commercial advertisement or a link to such advertisement;
• solicits other Users to buy or sell goods or services; or
• contains financial, legal, medical or other professional advice, (Prohibited Material).

Users must not use the NSW Blues app to:

• conduct any illegal activity;
• cause annoyance or inconvenience to any person including other Users; or
• harvest information about other Users for the purpose of sending, or to facilitate the sending of, unsolicited commercial electronic messages.

7. Material posted by other Users
We are not responsible for, and accept no liability with respect to, any Material submitted, uploaded, posted or transmitted to, on or through the NSW Blues app by Users.

The views and opinions expressed in Material posted by Users on the NSW Blues app are the views and opinions of the authors and do not necessarily represent our views or opinions. We do not endorse or support any views or opinions posted by Users on the NSW Blues app or guarantee the accuracy, completeness, currency or suitability of any information posted by Users.

Users agree that we are not liable for the opinions or behaviour of other Users, including any Material they submit, upload, post or transmit on the NSW Blues app and any defamatory statements or offensive conduct. Users who believe that the behaviour or Material of another User is objectionable or contrary to the Terms of Use can report the behaviour or Material to us using the contact details below.

8. Disclaimer of warranties and representations
Except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to the NSW Blues app or any Information or services available through the NSW Blues app. In particular, we do not warrant or represent that:

• Users' systems will meet the minimum requirements to enable use of the NSW Blues app;
• information provided on the NSW Blues app is accurate, complete or suitable for any purpose;
• the NSW Blues app and its services are free from any computer viruses or defects; or
• Users' access to the NSW Blues app and its services will be continuous or uninterrupted.

9. Our liability
Nothing in this document excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer Act 2010 (Cth) and similar State or Territory legislation (Non-Excludable Provision). However, to the maximum extent permitted by law, our liability to a User for failure to comply with any Non-Excludable Provision is limited (at our option):

• in the case of goods - to 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 (as determined by us); or
• in the case of services - to the supplying of the services again or the payment of the cost of having the services supplied again (as determined by us).
• Except as specified in this section, to the maximum extent permitted by law:
• we will not be liable to Users for any special, consequential, indirect or incidental damages or loss; and
• we will not be liable to any User, whether in contract, tort (including negligence), statute or otherwise, in relation to the NSW Blues app, these terms of use or their subject matter.

10. Links to third party websites
The NSW Blues app may contain links to other websites that are not operated or controlled by us. Those links are provided for convenience only and may not be current. Provision of a link should not be construed as an endorsement or approval of the third party website by us. We are not responsible for the content of third party websites, which are not covered by the Terms of Use. Users access those websites at their own risk. You acknowledge that we may receive fees or commissions from third parties in relation to links to third party websites.

11. Users' liability
Users are liable to us in relation to all loss and damage whatsoever that is suffered (including but not limited to indirect or consequential loss) by us as a direct or indirect result of them acting inconsistently with or breaching any part of the Terms of Use, except to the extent that we cause or contribute to such loss or damage.

12. Copyright
Copyright in the material in or available on the NSW Blues app is owned by us or our licensors. Users may access and view the NSW Blues app and associated information and content using their web browser and download information from the NSW Blues app and print out that information, but only for their own private, non-commercial use. Where we expressly invite you to do so, you may share certain content available on the NSW Blues app on social media. Except as permitted by the Copyright Act 1968 (Cth), no part of the NSW Blues app (including any Material posted on the NSW Blues app) may be reproduced, copied, published, framed, or transmitted in any form or by any means without our prior written consent. Requests for consent should be directed to us using the contact details below.

13. Jurisdiction
The Terms of Use will be governed by the laws of New South Wales, Australia. Users agree to submit to the non-exclusive jurisdiction of the courts of New South Wales in the event of a dispute arising out of, or in connection with, the Terms of Use or any use of the NSW Blues app.

14. Changes to these terms and conditions
We may amend these terms and conditions from time to time by posting the amended version on the NSW Blues app. Subsequent or continuing use of the NSW Blues app will constitute acceptance of any changes. [Where there are material changes to these terms and conditions that could in our reasonable opinion adversely affect Users registered on the NSW Blues app, we will notify those Users of the changes (which, for these purposes, may include notification when a User logs on to use the NSW Blues app or an email sent to the User's email address provided to us). If any Users do not agree to such changes, they may terminate their registration by contacting us using the details below.

If any part of the Terms of Use is or becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.

15. Contact
If you have any questions regarding the Terms of Use or the NSW Blues app, please contact us:

• Email: info@nswrl.com.au
• Post: PO BOX 584 Sydney Markets 2129 NSW