TERMS and Conditions
Essendon Football Club (“EFC”, “Club” “our” or “we”) operates the Essendon Network (“Network”) and the Essendon Network Website (“Site”) and is making the Site and the Network available to you subject to these evolving terms and conditions. By purchasing a membership to the Network or using the Site you agree to be bound by these terms and conditions. The Club may from time to time vary these terms and conditions by posting any changes on the Club website or by email. You will have no claim against the Club by reason of any change made to these terms and conditions.
Use of the Site is limited to members of the Essendon Network (“Network”) approved by the Club, subject to the payment of all applicable annual fees. If at any time you are no longer a member of the Network, your access to the Site will cease.
EFC reserves its right not to accept any application for membership of the Essendon Network in its absolute discretion, including, where any outstanding fees remain owing to EFC.
Subject to these terms and conditions your membership of the Network will commence upon acceptance of your application by the Club and payment of your annual fee and will continue until 31 October 2021 (Term).
The Club reserves the right to cancel or suspend a user’s membership of the Network and access to the Site and Events without a refund where in EFC’s reasonable opinion that member has breached these terms and conditions or the network terms and conditions or has engaged in offensive or aggressive behaviour towards another member of the Network, the Club, a member of EFC staff or any other person connected with the Club.
You acknowledge that through your use of the Site, your personal data will be collected and used by EFC and you acknowledge and agree to EFC disclosing your data to other members of the Network.
You acknowledge that EFC may access, preserve and disclose your information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal requirements;
(b) enforce the provisions of these terms and conditions;
(c) respond to claims that any content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of EFC, members of the Network and the public.
You acknowledge and agree that access to EFC Network events (Events) and benefits are determined by the package purchased by you and are subject to availability. Events and benefits for each package are as set out in schedule 1
EFC reserves the rights to make any changes to any Event deemed necessary in EFCs sole discretion, to comply with all government-imposed sanctions and restrictions including without limitation running online networking events in place of EFC Network Events.
You are responsible for your use of the Site and for any content you provide, including compliance with applicable laws, rules, and regulations. Don’t hit the submit/send button, unless you are prepared to be held accountable for your content.
EFC reserves the right to remove content that in EFC’s sole discretion is offensive or is alleged to be infringing any intellectual property rights, without prior notice, at our sole discretion, and without liability to you.
Users of the Site will operate in a lawful, ethical and professional manner. Users shall conduct themselves in a fair, responsible and businesslike manner at all times and will avoid any discourteous, deceptive, misleading or unethical practices. You are solely responsible for any comments or posts you leave on our Site, blogs or through any communication with other Network members. EFC does not control content posted and does not guarantee the accuracy, integrity or quality of the content. In using the Site, you may be exposed to content that you may find offensive, indecent or objectionable. Under no circumstances will EFC be liable in any way for any content, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted or otherwise made available via the Site.
Spamming is the abuse of electronic messaging systems to indiscriminately send unsolicited bulk messages. Spamming is strictly prohibited by EFC and will result in the immediate termination of your membership of the Network and your access to the Site will be revoked.
EFC has the right (but not the obligation) in its sole discretion to screen, refuse, move or remove any content that violates these terms and conditions or is otherwise objectionable.
You bear all risks associated with the use of any content on the Site or in connection with the Site including any reliance on the accuracy, completeness, or usefulness of such content.
Membership of the Network and access to the Site is subject to receipt by EFC of all applicable annual fees.
EFC reserves the right to alter the annual fee prior to the commencement of each year.
Membership of the Network is non-refundable except at the sole discretion of EFC and will only be granted in exceptional circumstances.
Requests for refunds must be made in writing and are at the sole discretion of the Club. Should a refund be granted, a $30 processing fee will be applicable and will be deducted or withheld from the refund amount.
The Site is provided “as is”. EFC makes no representations or warranties about this website or any of its contents, including without limitation, any warranties as to the availability or stability of this website or the accuracy or timeliness of its contents or the merchantability or fitness of any such information or content for any particular purpose. Any implied warranties, whether statutory or otherwise, on any such matters are hereby expressly excluded to the full extent permitted by applicable law
You will defend, indemnify and hold harmless EFC and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable legal fees) that arise out of or relate to: (i) your use of the Site; (ii) any actual or alleged breach of your representations, warranties, or obligations set forth in these terms and conditions; (iii) any content you provide including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party; (iv) any change or cancellation of any EFC network event.
EFC will not be liable for direct or indirect damages of any kind, including without limitation incidental, punitive or consequential damage or loss arising out of or in connection with these terms and conditions, the Site, inability to use the Site, an EFC Network Event, inability to attend an EFC Network Event, any change or cancellation of an EFC Network Event or resulting from any goods or services obtained or messages received or transactions entered into through the Site.
The Site may redirect or link to other websites on the internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. You are solely responsible for and assume all risk arising from your access to and/or use of any such linked websites.
By using the Site or applying to be a member of the Network you consent to electronically receive from EFC any communications including notices, agreements, legally required disclosures or other information in connection with the Site or the Network. EFC may also provide such notices by posting them on the Site. If you desire to withdraw your consent to receive notices electronically you must discontinue your use of Site.
In the event that any provision of these terms and conditions is held to be invalid or unenforceable the remaining provisions of these terms and conditions will remain in full force and effect.
EFC will not be considered to have waived any of rights or remedies described in these terms and conditions unless the waiver is in writing and signed by EFC. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these terms and conditions will not constitute a waiver of EFC’s right to subsequently enforce such provision or any other provisions of in these terms and conditions.
EFC is not your agent, fiduciary, trustee, or representative. Nothing expressed or implied in in these terms and conditions is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to in these terms and conditions. in these terms and conditions is intended for the sole and exclusive benefit of EFC and you.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of any EFC networking Events or access to the Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: pandemic, epidemic, labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, cancellation of event by a third-party, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
At this time, the impact (if any) that the COVID-19 pandemic may have on the 2021 Toyota AFL Premiership Season and any EFC Network Events is not known. Unforeseen circumstances may also arise which impact upon the 2021 Toyota AFL Premiership Season.
The impacts of COVID-19 and unforeseen circumstances (“Impacts”) may result in Network members having reduced or varied access to EFC Network Events compared to those that would apply in the absence of those Impacts.