THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT(hereafter “Terms”) governs your use of our web site http://www.mcgsports.com.au(hereafter “web site”). It is vitally important that you read the Termscarefully, as your use of the web site will automatically constitute youragreement to be legally bound by the terms and conditions set out herein. TheseTerms also govern your use or purchase of the products/services providedthrough or in connection with the web site (hereafter “Services”). Eachtime you use our services, you acknowledge that you have read these Terms andagree to be legally bound by them. If you do not agree to be bound by theseTerms, you may not use the web site(s) or the services provided by Business through its web site(s).
This website is owned by A Cloud DigitalPty Ltd as MCG SPORTS (hereafter “Business”), a companyregistered in Australia (ACN 661 439 701) and ABN (38 485 035 815).The following words used in these Terms shall havethe following meanings:
Links to third party websites on this website areprovided solely for your convenience. If you use these links, you leave thiswebsite. We have not reviewed all of these third party websites and do notcontrol and are not responsible for these websites or their content oravailability. We, therefore, do not endorse or make any representations aboutthem, or any material found there, or any results that may be obtained fromusing them. If you decide to access any of the third party websites linked tothis website, you do so entirely at your own risk.
On occasion, a product or service offered byadvertisers on Business’s web site may not be available at the time or at theprice listed. In such event, or in the event a product or service is listed atan incorrect price or with incorrect information due to typographical error,technology effort, error in the date or length of availability, or error inpricing or product or service information received from our advertisers orother User, User agrees that Business is not responsible for such errors ordiscrepancies and that User’s only course of action is to contact the appropriateadvertiser or other User.
MCG SPORTS regularly sends out a newsletter and/orother informational emails, messenger and SMS (collectively referred to as“Newsletters”) to all Users. In these Newsletters, we may inform you about newservices, features or products. The user may choose to unsubscribe or opt outfrom the Newsletter at any time using the unsubscribe or opt out option at thebottom of our emails, messenger messages and SMS, or by writing to us atsupport@mcgsports.com.au or following the unsubscribe link contained in each ofthe emails/ opt out link in SMS and messenger.
The Business web site contains copyrightedmaterial, trademarks and other proprietary information, including, but notlimited to, text, software, photos, video, graphics, music and sound and theentire content of the web site is copyrighted as a collective work underAustralian and International copyright laws. The Business owns a copyright inthe selection, coordination, arrangement and enhancement of such content, aswell as in the content original to it. You may not modify, publish, transmit,participate in the transfer or sale, create derivative works or in any wayexploit, any of the content, in whole or in part. Except as otherwise expresslypermitted under copyright law or these Terms, no copying, redistribution,retransmission, publication or commercial or non-commercial exploitation ofdownloaded material will be permitted without the express written permission ofBusiness and the copyright owner. Elements of the web site are protected bytrade dress, trademark, unfair competition and other laws and may not be copiedor imitated in whole or in part, by any means, including but not limited to,the use of framing or mirrors.You are permitted to print and download extractsfrom this website for your own private use on the following basis:
In accordance with Australian and Internationallaw, any notifications of claimed copyright infringement should be sent to usimmediately. Such notification can be sent by email to support@mcgsports.com.au
MCG SPORTS offers a mobile messaging program (the “Program”). If you use andparticipate in the program, you agree to these Mobile Messaging Terms andConditions and Privacy Policy (the “Agreement”). By opting in to orparticipating in any of our Programs, you accept and agree to these terms andconditions, including, without limitation, your agreement to resolve anydisputes with us through binding, individual-only arbitration, as detailed inthe “Dispute Resolution” section below. This Agreement is limited to theProgram and is not intended to modify other Terms and Conditions or PrivacyPolicy that may govern the relationship between you and Us in other contexts.
The Program allows Users to receive SMS/MMS mobile messages by affirmativelyopting into the Program, such as through online or application-based enrollmentforms. Regardless of the opt-in method you utilized to join the Program, youagree that this Agreement applies to your participation in the Program. Byparticipating in the Program, you agree to receive autodialed or prerecordedmarketing mobile messages at the phone number associated with your opt-in, andyou understand that consent is not required to make any purchase from Us. Whileyou consent to receive messages sent using an autodialer, the foregoing shallnot be interpreted to suggest or imply that any or all of Our mobile messagesare sent using an automatic telephone dialing system (“ATDS” or “autodialer”).
If you do not wish to continue participating in the Program or no longer agreeto this Agreement, you agree to reply STOP or CANCEL to any mobile text messagefrom Us in order to opt out of the Program. You may receive an additionalmobile message confirming your decision to opt out. You understand and agreethat the foregoing options are the only reasonable methods of opting out. Youunderstand and agree that attempting to opt-out texting other words or verballyrequesting one of our team members to remove your from our list is notaccounted as a reasonable means of opting out.
You acknowledge that the message frequency is various and that consent is not acondition to purchase. The Program involves recurring mobile messages, andadditional mobile messages may be sent periodically based on your interactionwith Us.
You must have a wireless device of your own, capable of two-way messaging, beusing a participating wireless carrier, and be a wireless service subscriberwith text messaging service. Not all cellular phone providers carry thenecessary service to participate. Check your phone capabilities for specifictext messaging instructions.
You may not use of engage with the Platform if you are under thirteen (13)years of age. If you use or engage with the Platform and are between the agesof thirteen (13) and eighteen (18) years of age, you must have your parent’s orlegal guardian’s permission to do so. By using or engaging with the Platform,you acknowledge and agree that you are not under the age of thirteen (13)years, are between the ages of thirteen (13) and eighteen (18) and have yourparent’s or legal guardian’s permission to use or engage with the Platform, orare of adult age in your jurisdiction. By using or engaging with the Platform,you also acknowledge and agree that you are permitted by your jurisdiction’sApplicable Law to use and/or engage with the Platform.
You warrant and represent to Us that you have all necessary rights, power, andauthority to agree to these Terms and perform your obligations hereunder, andnothing contained in this Agreement or in the performance of such obligationswill place you in breach of any other contract or obligation. The failure ofeither party to exercise in any respect any right provided for herein will notbe deemed a waiver of any further rights hereunder. If any provision of thisAgreement is found to be unenforceable or invalid, that provision will belimited or eliminated to the minimum extent necessary so that this Agreementwill otherwise remain in full force and effect and enforceable. Any newfeatures, changes, updates or improvements of the Program shall be subject tothis Agreement unless explicitly stated otherwise in writing. We reserve theright to change this Agreement from time to time. Any updates to this Agreementshall be communicated to you. You acknowledge your responsibility to reviewthis Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
