Rabbitohs Terms of Use

In the Terms of Use, "we", "us", "our", and "Rabbitohs" mean South Sydney District Rugby League Football Club Ltd and its Related Bodies Corporate.

Using or accessing any website, application or other system, account or platform that we own, control or operate, including any member portal, app, and social media and email account (Our Platform), and any information or services provided through the Our Platforms, is subject to the following terms and conditions and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on Our Platforms from time to time (together, the Terms of Use).

You might be a visitor simply browsing or otherwise accessing, using or interacting with any of Our Platforms, or you might choose to become a registered user of any of Our Platforms. By your actions in browsing, accessing, using, interacting with or registering (together, using and use), you are accepting and agreeing to be bound by the Terms of Use as updated from time to time. If you do not agree with any of the Terms of Use, or any changes to them, you must not use or stop using all of Our Platforms (including by cancelling any registration).

1. Registration

You may need to register on Our Platforms to use some parts of Our Platforms, including some premium content, additional product features and functionality, and for us to provide you with information and other content to match your selected preferences (e.g. news stories, highlights, match updates and notifications).

When you register, we will collect registration information from you. Such information may include your name, contact details, communication preferences and a variety of other information. We may also collect additional information based on your usage of Our Platforms.

We may use the information collected to provide a personalised experience for you on Our Platforms, for our own business and administrative purposes (including the purposes set out in our collection statement, available here: https://www.rabbitohs.com.au/collection-statement.

We will deal with any personal information we collect about you in accordance with our Privacy Policy, available here: https://www.rabbitohs.com.au/privacy-policy and applicable privacy laws.

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 any of Our Platforms using your user-name and password.

We are entitled to assume that all use of Our Platforms under your user-name is undertaken by you unless and until you notify us, promptly after becoming aware of it, that your account or login details have been compromised or used without your authority. 

You must not share your Account, allow another person to use your Account, or use anyone else’s Account. You must not create more than one Account, create an Account using a false identity or on behalf of another person, or use Our Platforms (or attempt to use Our Platforms) after we have suspended or terminated your access. We may, acting reasonably, suspend or close any Account that we believe has been used in breach of this clause, and we may reclaim any username we consider misleading, offensive or held inactive for an extended period.

2. Use of Our Platforms

Our Platforms are meant to provide a place where fans and the public can learn about our products and services, enjoy leading digital experiences, and engage with news, articles and other multimedia content about the Rabbitohs, NRL and the game of rugby league.

The information and material available on and through Our Platforms is provided for general informational purposes only. You use Our Platforms, and rely on such information and content, at your own risk.

You agree that:

• you will only use Our Platforms for personal, non-commercial use; 
• you will not use Our Platforms in a way that causes us loss or damage;
• you will not use any automated means (including bots, scrapers, crawlers or spiders) to access, collect or copy any part of Our Platforms or any content on Our Platforms, except where we have given you our prior written consent;
• you will not use Our Platforms or any Material on Our Platforms (including any user-generated content) to train, fine-tune or develop any artificial intelligence or machine learning model, except where we have given you our prior written consent;
• you will not reverse engineer, decompile or attempt to circumvent any technical protections used in connection with Our Platforms;
• you will not create more than one Account, share your Account with anyone else, or use Our Platforms to evade any suspension or ban; and
• you will not use Our Platforms for any commercial purpose (including reselling tickets or merchandise, paid endorsements, or promotion of any third-party product, service or business) without our prior written consent.

You acknowledge and agree that we may:

• make changes to Our Platforms and the information, content and services provided on and through Our Platforms;
• monitor your use of Our Platforms; and
• cancel your access to Our Platforms if we believe:
  1. you have breached the Terms of Use; or
  2. you are no longer eligible or authorised to access Our Platforms.

Access to Our Platforms depend on telecommunications and internet service providers, third parties such as the operators of social media websites, and other external factors. We do not guarantee the availability of Our Platforms at all times or at any specific times, or that your experience on Our Platforms will be fault-free.

While we will take reasonable precautions to ensure Our Platforms are secure, no data transmission over the Internet can be guaranteed as totally secure.

Accordingly, we cannot ensure the security of any information or content transmitted to, from or using Our Platforms and you do so at your own risk.

3. User-posted content

Some parts of Our Platforms may allow you to submit, upload, post or transmit information or content such as text, photos, images, audio and video (including links to such information or content) (Material), including Material that may be accessed and viewed by others.

You are responsible for any Material you submit to, on or through Our Platforms and must respect the legal rights and sensibilities of others.

We reserve the right to (but have no obligation under these Terms of Use to) review, remove, modify, deny access to or not display any Material submitted, uploaded, posted or transmitted to, on or through Our Platforms 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 any of Our Platforms, you:

• grant us a royalty free, non-exclusive, perpetual, worldwide licence to (and to authorise others to) use, copy, reproduce, modify, adapt, communicate, publish, translate, create derivative works from and publicly perform such Material for the purposes of operating Our Platforms and providing any associated services to any person 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) your name, character, likeness, image, voice or anything else that identifies you, which is contained in the Material, for the above purposes;
• grant others using our Platform a royalty free, non-exclusive, perpetual, worldwide licence to view, share within Our Platforms and quote such Material in accordance with our Community Guidelines, but not to download, copy, reproduce, modify or republish such Material outside Our Platforms, and not to use such Material to train, fine-tune or develop any artificial intelligence or machine learning mode;
• warrant that the Material is not Prohibited Material and that you are legally entitled to submit, upload, post or transmit the Material to, on or through Our Platforms 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 grant the rights, licences and permissions that you grant under the Terms of Use; and
• consent to the following acts or omissions in relation to the Material, which would otherwise infringe your moral rights: (i) editing, cropping, modifying, abridging, captioning, formatting and combining the Material with other material; (ii) using or publishing the Material without attribution to you; and (iii) using the Material in a context (including alongside Rabbitohs, NRL and Partner branding) that you may not have specifically anticipated and present and future rights of a similar nature conferred by law anywhere in the world.

3A. Rabbitohs Social and community features

Eligibility

Rabbitohs Social is an online community made available to current Rabbitohs members. To register and use Rabbitohs Social you must be at least 16 years of age, hold an active Rabbitohs membership, and not have previously had your access to Rabbitohs Social suspended or terminated. We may ask you to verify your eligibility from time to time. Your access to Rabbitohs Social may end automatically if your underlying Rabbitohs membership ends or is suspended.

Community Guidelines

Your use of Rabbitohs Social is also subject to our Community Guidelines, which we publish on Our Platforms and update from time to time. The Community Guidelines explain the standards of behaviour we expect, including in posts, comments, direct messages and member-created communities, and supplement the rules in clause 5. To the extent of any inconsistency, these Terms of Use prevail.

Member-created communities and moderators

Rabbitohs Social allows members to create and moderate their own communities. If you create or moderate a community, you do so in your own personal capacity and not as our agent, employee or representative. We are not responsible for content or decisions made by community moderators, and a moderator’s views, statements and decisions are not ours. As a moderator, you must comply with these Terms of Use and the Community Guidelines, and you must not use your moderator role for any commercial purpose or to harass, bully or unfairly exclude any other member. We may remove, replace or revoke moderator status at any time.

Content moderation and enforcement

We may take any action we consider reasonably necessary to enforce these Terms of Use or our Community Guidelines, or to protect the safety of our members or the integrity of Our Platforms. Such action may include issuing a warning, removing or hiding content, muting or suspending an Account, removing or replacing a community moderator, closing or hiding a community, or terminating an Account or banning a member. Where we suspend or terminate your access, we will, where reasonably practicable, tell you why and give you an opportunity to seek review of the decision by contacting us at the address in clause 14.

Reporting content or conduct

If you believe content or conduct on Rabbitohs Social breaches these Terms of Use, our Community Guidelines or any law (including content that is defamatory, harassing or infringes intellectual property), please report it using the in-platform reporting tools or by emailing us at the address in clause 14. We aim to acknowledge reports within two business days and to take any necessary action within seven days. Our response may include removing the content, contacting the member who posted it, or, where appropriate, declining to take action and explaining our reasons.

4. No liability for misuse by others

We do not warrant that Material submitted, uploaded, posted or transmitted by you will be protected against misuse by others. We are not responsible for the infringement of the copyright or moral rights in Material by others, whether individuals or organisations nor for taking measures to prevent such infringement.

5. Prohibited Material

You must not submit, upload, post or transmit Material to, on or through Our Platforms that:

• is offensive, unlawful, defamatory, false or misleading, discriminatory, pornographic, sexually explicit or unsuitable for minors
• is 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;
• discloses, or threatens to disclose, the personal information (such as home address, workplace or contact details) of any individual without that individual’s consent (also known as “doxxing”);
• constitutes targeted harassment, stalking, bullying, threats of violence, or image-based abuse (including the sharing of intimate images without consent);
• impersonates any person (including any player, official, employee, member or other individual), misrepresents your affiliation with any person or organisation, or uses a false or misleading identity;
• is a deepfake or other synthetic or manipulated media depicting a real person, where that person has not consented to its creation or distribution;
• shares the content of a private communication (including a direct message exchanged on Our Platforms) without the consent of all participants;
• is unsolicited, repetitive or bulk content (including unsolicited direct messages), or is otherwise spam;
• is, or may reasonably be considered to be, conduct that breaches the NRL Code of Conduct or that brings the Rabbitohs, the NRL or the game of rugby league into disrepute;
• is likely to offend, harass, intimidate or upset another person, having regard to community standards on Our Platforms;
• contains or links to 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 individual or organisation;
• contains personal information of any individual (such as name, address, email address, phone number), except with the relevant individual's permission;
• contains or transmits malware, viruses or other harmful computer code;
• solicits others to buy or sell goods or services; and/ or
• contains financial, legal, medical or other professional advice.

You must not use Our Platform to:

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

6. Material and behaviour of others

We are not responsible for, and accept no liability for, any Material submitted, uploaded, posted or transmitted to, on or through Our Platforms by others. This includes their views, opinions, behaviours, defamatory statements or offensive conduct.

For all such Material, views, opinions and behaviours:

• they belong to those sharing them and do not necessarily represent our views or opinions;
• they are not endorsed by us; and
• they may not be accurate, complete, current or suitable (and we make no representation otherwise).

If you believe any such Material, views, opinions or behaviours is objectionable or contrary to the Terms of Use, you can report that to us using the contact details below.

7. 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 Our Platforms or any information, Materials or services available through or on Our Platforms. In particular, we do not warrant or represent that:

• your systems will be compatible with Our Platforms;
• information available on or through Our Platforms is accurate, complete or suitable for any purpose;
• Our Platforms or services are free from any defects, malware, viruses or other harmful computer code; or
• your access to Our Platforms or services will be continuous or uninterrupted.

8. 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 to the extent that it 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 you 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 you for any special, consequential, indirect or incidental damages or loss; and
• we will not be liable to you, whether in contract, tort (including negligence), statute or otherwise, in relation to Our Platforms, our services, the Terms of Use or their subject matter.

9. Your liability

You are liable to us for any direct loss or damage that we suffer as a result of you 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.

9A. Indemnity for user-posted content

You indemnify us against any direct loss or damage we suffer (including reasonable legal costs) as a result of any third-party claim, demand or proceeding arising from: (a) Material you submit to or through Our Platforms (including any breach of the warranties you give in clause 3); (b) your breach of clause 5 (Prohibited Material) or our Community Guidelines; or (c) your misuse of Our Platforms in breach of these Terms of Use. This indemnity does not apply to the extent that the loss or damage is caused or contributed to by us, or that the relevant claim is settled or paid out without our prior consent (which we will not unreasonably withhold).

10. Links to third party websites

Our Platforms may contain links to other websites, applications or accounts, including to the NRL, our Partners and other companies that we have a relationship with that are not operated or controlled by us (Third Party Platforms). 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 Third Party Platforms.

We make no representations or express or implied warranties or guarantees, and are not responsible or liable for the content of any Third Party Platforms, which are not covered by the Terms of Use except for this clause 10. You access those Third Party Platforms at your own risk.

You acknowledge that we may receive fees or commissions from others in relation to links to Third Party Platforms.

11. Copyright

Copyright in the material and works available on or through Our Platforms is owned by us or our licensors.

You may use Our Platforms and associated information and content, download information and content from Our Platforms and print out that information and content, but only for your own private, non-commercial use.

Where we expressly invite you to do so, you may share certain content available on Our Platforms on social media. Except as permitted by the Copyright Act 1968 (Cth), no part of Our Platforms (including any Material posted on Our Platforms) may be used, copied, reproduced, modified, adapted, communicated, published, translated, derivative works from them, nor publicly performed in any form or by any means without our prior written consent. Requests for consent must be directed to us using the contact details below.

12. Jurisdiction

The Terms of Use will be governed by the laws of New South Wales, Australia. All parties 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 Our Platforms. You agree not to object to the transfer of any such dispute to the courts of New South Wales, including on the basis that it would be inconvenient to you.

13. Changes to these terms and conditions

We may amend these terms and conditions from time to time by posting the amended version on Our Platforms. Subsequent or continuing use of any of Our Platforms will constitute your acceptance of any changes.

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

14. Contact

If you have any questions regarding the Terms of Use or Our Platforms, please visit the Contact Us page. Reports of breaches of these Terms of Use, copyright complaints, defamation complaints and other legal notices should be sent to:

Legal & Risk, South Sydney District Rugby League Football Club Ltd, 417/439 Bunnerong Rd, Maroubra NSW 2035; [email protected].

15. Definitions

In the Terms of Use:

1. the words “including”, “includes” or “for example” are not used as, nor are they intended to be, interpreted as words of limitation; and
2. the following terms have the following meanings:

Material has the meaning given to that term in clause 3.

Non-Excludable Provision has the meaning given to that term in clause 8.

Our Platform has the meaning given to that term in the introduction.

Prohibited Material is any Material that falls under the categories listed in clause 5.

Related Body Corporate has the meaning given to that term in section 50 of the Corporations Act 2001 (Cth).

Terms of Use has the meaning given to that term in the introduction.

Third Party Platform has the meaning given to that term in clause 10.