Terms & Conditions
The Sports Flicks websites www.sportsflick.com.au, and www.sportsflickus.com, & ("The Sites") is owned and operated by DCA Sydney Enterprises Pty Ltd (ACN 605 016 260) (“The Supplier”) trading as "Sports Flicks".
The Supplier may share and/or swap information, including Personal Information, with other Supplier related companies, affiliates, licensors and licensees (collectively referred to as “the Sports Flicks Entities”).
By using, browsing and/or accessing the pages or services in the Sites, You acknowledge that You have read, understood, and agree to be bound by these Terms and Conditions (“T&C”). If You do not agree to these T&C’s, please do not use the Sites. You also agree to provide us with your consent to receive any required notices (if any). You acknowledge that these T&C’s contain disclaimers and other provisions that limit the Suppliers or the Sports Flicks Entities’ liability to You. You further agree that You will not use the Sites for any unlawful purpose. In the event that You do not wish to be bound by these T&C’s, please do not use browse or access the Sites.
All orders are accepted and handled in accordance with the conditions below and the customer accepts these conditions by using the Sites.
1. Governing law
The Supplier controls and operates the Sites on servers in a secure hosting facility in Sydney, NSW Australia. These T & C's are governed by the parliament laws of Australia. You and the Supplier agree to submit to the non-exclusive jurisdiction of the courts of Australia. You hereby waive any and all jurisdictional and venue defences that might otherwise be available to You.
2. Revisions to T & C's
The Supplier may revise or amend these T&C’s at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these T&C’s is found to be unenforceable, the remainder of these T&C’s remain in full force and effect. Any revisions will be effective immediately and by your continued use of the Sites, You agree to the T&C’S as amended. If You do not agree to the new posted T&C’s, You agree that your only remedy is to discontinue your use of the Sites.
Whist The Supplier and the Sports Flicks Entities’ seek to make reasonable efforts to provide accurate and timely information about the various products and services offered by The Supplier on the Sites, the Supplier cannot guarantee that the information provided is always up to date and correct or that the Sites contains all the relevant information available.
3. Sites Content, Ownership, and Use Restrictions
The material on the Sites is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this Sites including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by the Supplier and the Sports Flicks Entities.
The display of the Contents is not intended to be a comprehensive compilation of all of the Suppliers worldwide proprietary ownership rights and the Supplier may own or control other proprietary rights in one or more countries outside of Australia. All rights not expressly granted are reserved.
4. Advertising & Links to Third Party Websites
This Sites may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of the Supplier and/or the Sports Flicks Entities nor is the Supplier or the Sports Flicks Entities responsible for the contents of any such
information or websites. The Supplier and/or the Sports Flicks Entities provide such information and hyperlinks to You as convenience only, and the inclusion of any link does not imply any endorsement of the linked websites by the Supplier and/or the Sports Flicks Entities. You rely on such information or websites entirely at your own risk. You are referred to the relevant third-party websites for all information regarding the third parties’ products and/or services. Third parties are solely responsible to You, subject to their conditions, for all issues relating to their websites including information, goods, services, prices and the delivery of any goods or services You purchase on the third-party websites.
5. Personal, Non-Commercial Use
You must not, without our prior written permission, exploit any of our Sites materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s.
You agree not to use the Sites for any purpose that is unlawful or may be deemed as unlawful or prohibited by the T&C’s, or to cause damage on or through use of the Sites. You warrant to the Supplier that none of your communications with or through the Sites will violate any applicable, local, state, federal, provincial, national, or international laws and/or regulations or infringe upon the rights of any third party or contain libellous, defamatory, obscene or abusive material.
6. Prohibited Conduct
You are not authorised, without the prior written permission of the Supplier and any other owner of rights in content that You access via the Sites, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this Sites or otherwise used by the Supplier may be used without our prior, specific, written permission or that of the trademark owner.
The content and material on the Sites is provided for lawful purposes only and any other use or modification of the content and materials found on the Sites violates the intellectual property rights of the Supplier and/or the Sports Flicks Entities. The Supplier and/or the Sports Flicks Entities retain complete and full title and intellectual property rights to all content and materials found on the Sites. You may not sell, modify, reproduce, repost or convert any contents and/or materials on the Sites in any manner inconsistent with these T&C’s.
7. Licence to Use
You grant the Supplier a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free licence to use any material, information, expression of ideas and ideas that You transmit to this Sites or otherwise provide to the Supplier from the time You authorise it to be sent without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to You or any third party.
You agree that this license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the submission, and all rights therein, in the name of the Supplier and/or the Sports Flicks Entities or their designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, You warrant that any “moral rights” (if any) pertaining to any copyrighted materials have been waived.
8. User Conduct
You must not upload, post, transmit or otherwise make available through this Sites any material which: violates or infringes the rights of others (including their privacy and intellectual property rights); is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; - encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibit the Supplier any other user from using the Sites; - affects the functionality or operation of the Sites or the Supplier servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or - breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require the Supplier to take remedial action under any applicable industry code.
You Acknowledge and agree that Sports Flicks will not be held or deemed liable or responsible for monitoring the Service for inappropriate User Generated Material. If at any time Sports Flicks elects, in its absolute and sole discretion, to monitor User Generated Material on the Service, you acknowledge and agree that Sports Flicks will not be held or deemed liable or responsible for any User Generated Material and Sports Flicks has no obligation to modify or remove any inappropriate User Generated Material. Sports flicks may reject, refuse to post or delete any User Generated Material for any reason whatsoever, in its absolute and sole discretion.
You agree that You are responsible for keeping your account password secure and confidential and You must take all reasonable precautions to prevent it being used by someone else. If You know or suspect that your password has been compromised, or You suspect or become aware of any other breach of security, You must tell us immediately. In these circumstances, You must also ensure that your password is changed as soon as possible. Sports Flicks will not be held liable or responsible in the event your password has been compromised or any other breach of security occurs.
Sports Flicks reserve the right to refuse access to the Service in their absolute and sole discretion. You are solely responsible and liable for any activity that occurs on your account and you are responsible for maintaining the confidentiality of your password and account details. Sports Flicks will not be held liable or responsible for any breach of confidentiality of your password and account details.
You agree to indemnify and will keep the Supplier indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with your use of this Sites, your breach of these T&C’s or your breach of any rights of third parties.
10. Intellectual Property
Intellectual Property developed throughout the Supplier’s dealings with You remains the property of the Supplier unless specifically stated otherwise. Any use of any of the Supplier’s and/or Sports Flicks Entities Intellectual Property, where not authorised, is a direct breach of these terms and conditions and may attract future implications, including but not limited to legal action. Further, it is a strict breach of these T&C’s, for You to share any Intellectual Property with the Supplier and/or Sports Flicks Entities which they do not legally own the rights to. Any such act will result in, amongst other possible action, the immediate termination of the existing Agreement between the Supplier and You.
You will not personally and/or assist, facilitate or authorise any third party to:
• copy, transfer, publish, rent, reproduce, record, upload, communicate, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit the Service or any material or content you obtain from the Service;
• sell or make any charge for watching or using any part of the Service; or
• show any part of the Service in public to an audience, even if no charge is made.
The Service uses Microsoft PlayReadyTM, Google, Widevine and Apple Fairplay content access technologies to protect certain content including their intellectual property and copyright content. If the relevant technology fails to protect the content, content owners may require the Service to restrict or prevent the delivery of protected content to specified devices or software applications. In certain cases, you may be required to upgrade the content access technology to continue to access the Service. If you decline such an upgrade, you will not be able to access content that requires the upgrade. Where* this occurs You will not be entitled to a refund or cancellation of Your Subscription Plan.
The Service contains technology subject to certain intellectual property rights of the copyright owner of the relevant technology (e.g. Microsoft, Apple or Google). Use or distribution of this technology outside of the Service is prohibited without the appropriate license from the applicable owner of the intellectual property rights.
11. Fees and Payments You can subscribe to the Service by purchasing one of the subscription plans (“Subscription Plan”) available at www.sportsflick.com.au, www.sportsflickus.com, and www.sportsflickuk.com.
All prices are exclusive of GST unless otherwise specified. Prices displayed on the Sites are current at the time of issue but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted, we reserve the right to limit sales. The price for each Subscription Plan will be displayed at the time of purchase including, where applicable, any introductory pricing for a specified period (“Subscription Fee”). You must pay the Subscription Fee in advance of each subscription period.
You acknowledge and agree that Sports Flicks may at their absolute and sole discretion change your Subscription Fee at any time by giving at least 21 days’ notice.
In any event, any payments that become overdue may be collected through debt collection services, at the expense of You. Further, overdue payments will attract interest at a rate in line with the current local court interest rate accruing from the day that the payment becomes due, until full payment is received by the supplier. In the event that any payment becomes overdue the Supplier will immediately cease work until such date as payment is made. For the avoidance of any doubt, the Supplier and/or Sports Flicks Entities will not be liable for any loss or damage you may suffer due to the fact that the Supplier was exercising their right under this clause.
Further, you agree to indemnify and keep indemnified the Supplier and/or Sports Flicks Entities against all costs and disbursements, including legal costs, incurred by the Supplier as a result of any defaults on payment.
All prices are in the Australian Dollar.
12. Confidential Information
During the course of any dealings with the Supplier and/or any Sports Flicks Entities confidential information may be shared between the parties. Confidential Information means information/material relating to a party which comes into the possession or knowledge of the other party, and includes but is not limited to, strategic, corporate and financial information. A party to the Confidential Information agrees that during the term of the agreement, and at all times after that, they will not disclose any Confidential Information, directly or indirectly, to any third party.
13. Limitation of liability
Our total liability to You (if any) in connection with the Sites, or with these T&C’s or any goods or services supplied under them, will be limited to your discontinued use of the Sites. To the maximum extent permitted by any applicable law, the Supplier, the Sports Flicks Entities and any other party (whether or not involved in the creation, maintenance, development or delivery of the Sites) and the directors, officers, managers, employees, members, shareholders or agents of the Supplier and/or the Sports Flicks Entities exclude all and any liability and responsibility for any amount or kind of loss or damage
of whatsoever nature or kind that may result to You or a third party in connection with the Sites in any way whatsoever or in connection with the use, inability to use or the results of use of the Sites, including without limitation actions or activities resulting from the use of resources presented on the Sites, any websites linked to the Sites or the material on such websites, including but not limited to loss or damage due to viruses that may affect your computer (including but not limited to computer equipment, software, data) or any other property on account of your use of or access to or browsing or downloading and/or uploading of any material of the Sites or any websites linked to the Sites.
You must take your own precautions (and agree not to hold Sports Flicks liable or responsible) to ensure that any content within the Service which you use is free from viruses, worms, trojan horses or any other harmful component which may interfere with or damage the operation of your software, hardware or any other device used to access the Service.
Further, the Supplier and/or Sports Flicks Entities will not be held liable for server outages, including but not limited to software failure, hardware failure or internet connection failure. The Supplier and/or Sports Flicks Entities will not be held responsible for any losses or damages that may occur due to these server outages.
You Acknowledge and agree that the information within the Service is not comprehensive and is intended only to provide a summary of the subject matter covered. Sports Flicks does not undertake to keep the Service up-to-date and is not liable or responsible to you or any other person for any loss or disappointment suffered if the Service or content within it is not available or the content within the Service is incorrect, incomplete or not up-to-date.
Sports Flicks does not exclude, restrict or modify any rights or remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. *
Nothing in these T&C’s shall limit or exclude the Suppliers or the Sports Flicks Entities’ liability in jurisdictions which do not allow the limitation or exclusion of liability for consequential or incidental damages. In such jurisdictions the Supplier and/or the Sports Flicks Entities liability shall be limited by the maximum extent permitted by law.
You accept full responsibility for reviewing all classification information supplied for each piece of content for the purpose of informing, and where appropriate safeguarding, other viewers of the content. Where you allow children or young people to view content via the Service, you are solely responsible for making sure that the content is suitable for them and agree that Sports Flicks is not liable or responsible.
When you set up your Service and account, you are applying to access Restricted Content and you must provide a declaration that you are over 18 years of age in order to access such Restricted Content. You are solely responsible for ensuring that only persons over 15 years of age are authorised to view MA15+ content on the Service and agree that Sports Flicks is not liable or responsible.
15. Disclaimer of warranty
The Supplier is providing the Sites and the Supplier information, contents, materials and services on an 'as is' basis and use of this Sites is at your own risk. The Supplier and the Supplier related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this Sites (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this Sites. To the extent permitted by law, the Supplier expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.
16. IP Protocol Addresses and Web Logs
The Sites's web servers will automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number will be identified and logged automatically in our server log files whenever You visit the Sites, along with the time(s) of your visit(s) and the page(s) that You viSitesd. This information is collected in an aggregate form only and does not contain any Personal Information. We use IP address for purposes such as calculating the Sites usage levels, helping diagnose problems with the Sites's servers and administering the Sites. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition, we may also record your IP address for fraud prevention purposes.
17. No Assignment and Waiver
You may not transfer or assign in any way any of your rights or obligations under these T&C’s. Any such transfer or assignment shall be null and void.
The Supplier and/or the Sports Flicks Entities failure to insist upon or enforce strict compliance with any provision of these T&C’s shall not be construed as a waiver of any provision or right.
18. Applicable Law, Jurisdiction and Severability
Access to and use of the Sites and these T&C’s are governed by the laws of Australia without giving effect to any conflicts of law or choice of laws principles. Any proceeding or legal action relating to your use, or access of the Sites or compliance with these T&C’s shall be in the jurisdiction of the courts of Australia. You hereby waive any and all jurisdictional and venue defences that might otherwise be available to You.
If any provision of these T&C’s or the application of any such provision to any person or circumstance is held illegal, unenforceable, or invalid for any reason whatsoever, the remaining provisions of these T&C’s and the application of such provisions to other persons or circumstances shall not be affected.
To the fullest extent possible, the court finding such provision illegal, unenforceable, or invalid shall construe and modify the provision so as to render it enforceable and valid as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of legality, enforceability and validity.
You agree that the headings used in these T&C’s are for convenience of reference only. Such headings will be and shall be ignored in the interpretation or construction of any of these Terms and Conditions.
20. Complete Understanding
21. Dispute Resolution
In the event that You are not satisfied with the Supplier and/or Sports Flicks Entities You must initially attempt to resolve the dispute internally. You must notify the Supplier and/or Sports Flicks Entities of the dispute and seek discussion and compromise to resolve the dispute. If the dispute is not able to be resolved internally, through informal means, then You must partake in mediation to resolve the dispute, on the same terms as those ordered by the Supreme Court of New South Wales and the costs of the mediation shall be borne equally by You.
Only once You have attempted to resolve the dispute through the above specified methods may You pursue other methods.
If at any time any of the above T&C’s are not complied with by You then the Supplier and/or Poseidon Sports Flicks reserve the right to terminate any Agreement that may exist between the parties. Further, the Supplier and/or Sports Flicks Entities reserve the right to terminate the agreement at any time, for any reason whatsoever.
All information provided to the Supplier and/or Sports FlicksEntities, must be complete, accurate and current information. The Supplier and/or Sports Flicks Entities may at any time change the key-words used in any search engine marketing campaign, without giving you notice. By continuing the use of this Sites you agree to comply with any additional copyright notices, information, or restrictions contained in any keywords or other material available on or accessed through the Sites.
By submitting information to the Supplier and/or Sports Flicks Entities you are granting an irrevocable right to edit, copy, publish, distribute and otherwise use any such content that is posted. All risk and responsibility attached to the distributing of any information on the public domain remains, at all time, with you. You represent and warrant that you are authorised to grant all the preceeding rights, and those set out throughout these T&C’s by continued use of the Sites.
Further, you understand that if you have the Supplier and/or Sports Flicks Entities build or makeover your existing websites, you will be required to supply the registry key for your domain name. The responsibility of providing this registry key to the Supplier rests solely with you. Further, you understand that any delay in the supply of this registry key, will delay publication of the websites. Any delays that may arise due to this are solely the responsibility of you, and the Supplier and/or Sports Flicks Entities will not accept any responsibility for any damages or losses suffered by as a result of any delay and/or the registry key.
You agree that even with the timely providing of the registry key for your domain name further delays may occur, which the Supplier and/or Sports Flicks Entities will not take responsibility for.
24. Cancellations Policy
The Supplier and/or Sports Flicks Entities, may at their sole discretion, allow you to cancel any contract you may have with them. The intention to cancel any Agreement between the parties, must be given at least 60 days before you intend to cease paying for the services provided.
If You wish to cancel your Subscription Plan, You can do so from your computer, tablet or mobile device in the ‘My Account’ section of www.sportsflick.com.au. Cancellation of your Subscription Plan will only be effective at the end of the current monthly subscription period and you will continue to have access to the Service until the end of the relevant monthly subscription period. No pro-rata refunds will be provided to customers that cancel during a monthly subscription period. This means if you do not cancel by this time we will automatically renew your membership and your nominated account/credit card will be charged.
If any such change to these T&Cs or to the Service has a material detrimental impact to You, we will provide you with 21 days’ notice prior to making that change and You may cancel your subscription to the Service and your cancellation will be effective as of the date of the change to these Terms, and you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date. Once an intention to cancel an Agreement has been submitted to the Supplier and/or Sports Flicks Entities, they may approve this cancellation. If this cancellation is approved you will be liable to pay a cancellation fee and/or the remaining amount of the balance due on the Agreement. You agree that you remain liable for all charges that are incurred up to the time when the Agreement has been cancelled by the Supplier and/or Sports Flicks Entities.
Refunds may also be approved under certain circumstances, by the Supplier and/or Sports Flicks Entities. For the avoidance of any doubt, budgeted amounts that have already been spent by the Supplier and/or Sports Flicks Entities will not be refunded under any circumstances.
Your Subscription Plan for the Service will automatically renew, unless you cancel your Subscription Plan through your account prior to your renewal date or we explicitly state otherwise. Sports Flicks will provide You 3 months’ notice prior to the automatic renewal of your subscription plan.
If you are a party to a reoccurring Agreement with the Supplier and/or Sports Flicks Entities, you must give at least 30 days’ notice, before the end of your current Agreement, if you do not wish to continue your Agreement with them. If you do not notify the Supplier and/or Sports Flicks Entities of your intention to end your Agreement, it will be automatically renewed at the end of each period.
No refunds will be given for incorrect choice or change of mind unless otherwise elected at the absolute and sole discretion of Sports Flicks. If you are entitled to a refund at law or Sports Flicks elects to provide You a refund, the refund will be processed according to the below terms:
• If the fee was paid via credit card or Paypal then the refund can only be processed back to that same credit card from which the payment originated; and
• Please allow up to fourteen (14) days to confirm your payment and issue the refund.
The Supplier and/or Sports Flicks Entities reserves the right, to restrict, suspend or terminate your Agreement with them at any time for any reason, without prior notice or liability. Further, the Supplier and/or Sports Flicks Entities may charge, suspend or discontinue all or any aspect of the services that may be provided through your Agreement with them.
25. Contacting Us
For more information, or if You have any questions about these T & C's, please contact us at: By Post: DCA Sydney Enterprises Pty Ltd, 6 Sydney Street, Riverstone NSW 2765