MindMax - Fit Minds Kick Goals
AFL Players Association in conjunction with The Movember Foundation

AGREEMENT COVERING THE TERMS AND CONDITIONS OF USE OF THE MINDMAX WEBSITE

When you use this website (“Service”) you agree to all of the terms and conditions of this Agreement.

Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the Service and should not proceed.

By using the Service you are agreeing to be bound by this Agreement, including all amendments made to date.

By entering a tick alongside the "I accept the Terms and Conditions", and pressing the 'Create my account' button, you register as a Participant and accept the terms and conditions described below applicable to your use of the Service.

  1. User Agreement

    This Agreement constitutes your agreement with MindMax with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorised user of the Service. As used in this Agreement, "MindMax", "we" and "us" means the AFLPA or its agents, nominees, successors, assigns and related entities which supply the Service from time to time.

  2. Modifications

    We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications. The current version of the Agreement, binding you, is that displayed on the Scowt web site.

  3. Able to make legally binding contract

    You represent, warrant and covenant that you are at least 18 years old and are fully qualified and empowered to enter into this Agreement.

  4. Right to use

    Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

  5. Right to terminate

    We reserve the right to terminate the Service, or any part thereof, at any time in our absolute discretion. We reserve the right to terminate this Agreement, or your use of the Service, at any time in our absolute discretion and without giving any reason, with your sole entitlement being a right to refund of any unused portion.

  6. Public and Private Information

    Information you may enter into or upload may include information that remains private to you and public information that you choose to make available for other users of the Service. We will deal with your private information in accordance with our Privacy Policy.

  7. MindMax does not control information

    You, and not MindMax, are entirely responsible for all of your information, including all postings, messages, text, files, images, photos, video, sounds, or other materials, that you upload, post, e-mail, transmit or otherwise make available via the website. We do not control your information or the information of other users and do not guarantee the accuracy, integrity or quality of your information or the information of other users.

  8. MindMax not liable for any information

    You agree that under no circumstances will we be liable in any way for any information, including, but not limited to any errors or omissions in your information or the information of other users, or for any loss or damage of any kind incurred as a result of the use of your information or use of or reliance upon information of other users posted, e-mailed, transmitted or otherwise made available in connection with our web site and services.

  9. We have the right to monitor and eliminate materials

    We reserve the right to monitor all information, advertisements, public postings and messages, pictures, photographs, audio and video recordings made available by you through the Service to ensure that they conform to the terms of this Agreement and to any information guidelines that may be applicable from time to time.

  10. Exposure to objectionable materials

    You understand that we do not control, and are not responsible for information made available through the Service, and that by using the Service, you may be exposed to information that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

  11. Removal of Information

    While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate terms regarding information as set out in this Agreement or any applicable information guidelines, or to be otherwise unacceptable.

  12. Links to other web sites

    The website and information available through the Service may contain links to other websites, which are completely independent of the Service. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site, and we do not warrant that such information may be free of objectionable materials. Your linking to any other websites is at your own risk.

  13. You agree to comply with the Code of Conduct, which, without limitation, prohibits you from posting, emailing, or otherwise making information available that:

    • is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libellous, invasive of another's privacy, or harms minors in any way;
    • is offensive, indecent, inaccurate, misleading, or otherwise objectionable;
    • harasses, degrades, intimidates or is hateful toward the provider on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
    • includes personal or identifying information about another person without that person's explicit consent.
    • is false, deceptive, misleading, deceitful or miss informative;
    • constitutes or contains any form of advertising or solicitation;
    • advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law;
  14. Additionally, you agree not to:

    • attempt to gain unauthorised access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service.
  15. Meetings or activities you organise or attend are your responsibility

    The Service provides tools that may enable users to arrange visual meetings for various activities. We do not supervise meetings or activities and are not involved in any way with the conduct of any individuals at these meetings or activities. As a result, we have no control over the identity or conduct of individuals who are present at these meetings or activities.

  16. Because we do not supervise any meetings or activities between users and other persons, and because we are not involved in any way with such meetings or activities or with the conduct of any individuals at such meetings or activities, you unconditionally release us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your attendance at, or the conduct of you or other persons at, such meetings or activities.

  17. Proprietary rights & copyright

    The Service contains information which is proprietary to us, our partners and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy, rent, lease, loan, sell, distribute or create any such information in any manner whatsoever, including derivate works based on such information, without having first received our express written permission.

  18. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

  19. You agree not to display or use in any manner our Trademarks without our prior written consent.

  20. Privacy and use of information – Privacy Policy Statement

    By issuing the services you have also agreed to our Privacy Statement. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and (c) we cannot assume any responsibility for the content of Video, Voice messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.

  21. Disclosure and other communication

    We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. By your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.

  22. You license us to use information you generate

    We do not claim ownership of your information. We will use your information only in accordance with our privacy policy. However, to enable us to use your public information and to ensure we do not violate any rights you may have in your public information, you automatically grant, and you represent and warrant that you have the right to grant, to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise use, copy, perform, display and distribute your public information to any provider now known or not currently known, and to prepare derivative works of, or incorporate into other works, such information.

  23. As is service

    The service, and all materials, information (including, without limitation, any information obtained or accessed through our services), products and services included therein are provided on an "as is" basis, with no warranties of any kind whatsoever.

  24. Exclusions of liability

    We and our affiliates, licensors, partners, suppliers, consultants and agents expressly disclaim to the fullest extent permitted by law:

    • any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Scowt service;
    • any and all responsibility and liability for the conduct of the Provider;
    • all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights;
    • any warranties for the security, reliability, timeliness, accuracy, and performance of the website and the service;
    • any warranties for other services or goods received through or advertised on the website or the sites or service, or accessed through any links on the website;
    • any warranties for viruses or other harmful components in connection with the website or the service; and
    • any warranties that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service.
  25. Limitation of liability

    You agree that in no event shall we be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or in connection with our web site, our services or this Agreement (even if we have been advised of the possibility of such damages) or the inability to use our web site or our services (however arising, including negligence), or arising out of or in connection with attendance at meetings or activities, and the conduct of you or others at meetings or activities.

  26. Indemnity

    You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, provided, however, that you shall remain liable for any such claim.

  27. Notices

    Except as otherwise stated, any notice to us shall be given by registered postal mail to us or by email to mindmax@aflplayers.com.au and any notice to you shall be given to the e-mail address that you provided us during the registration process. Notice shall be considered given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notice given by postal mail shall be considered given seven (7) days after the date of mailing.

  28. Privacy Policy Statement incorporated by reference

    Our privacy policy statement is incorporated by reference. We may change our privacy policy statement at any time or times and our changes are effective after we provide you with at least thirty (30) days notice as provided under our privacy policy statement.

  29. Assignment

    You agree that this Agreement and all incorporated agreements may be automatically assigned by us, in our sole discretion, in whole or in part, to one or more third parties. At our election, if some or all of our obligations hereunder are assumed by a third party, we shall be relieved of any and all liability under this Agreement. You do not have the right to assign this Agreement or any of your rights to the Service to anyone.

  30. Force Majeure

    Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

  31. No Waiver

    Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.

  32. Severance

    If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and we nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

  33. Survival

    Sections 8, 19, 21, 24 to 29 (inclusive) and 33 shall survive any termination or expiration of this Agreement.

  34. Limitation

    The parties each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our services or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.

  35. Titles

    The section titles in this Agreement are for convenience only and have no legal or contractual effect.

  36. Governing Law

    This Agreement and the relationship between us shall be governed by the laws of the State of Victoria, Australia. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria, Australia.

  37. Entire Agreement

    This Agreement constitutes the entire agreement between the parties.

ACCEPTED BY THE REGISTERING USER