In the context of these terms and conditions, the following words shall have the following meanings:
“ASF” means the Australian Sports Foundation Ltd (ABN 27 008 613 858) of registered address Australian Sports Foundation, Leverrier Street, Bruce, ACT 2617 Australia;
“Brisbane Broncos” means the Brisbane Broncos Ltd (ABN 41 009 570 030) of registered address Level 1, Broncos Leagues Club, 92 Fulcher Road, Red Hill QLD 4059 Australia, and the Brisbane Broncos Community Fund (ABN 11 968 026 102) of the same address;
“Material” means all of the information, data, text, graphics, links or computer code published on, contained or available on the Website;
“TTF” means the Telco Together Foundation (ACN 154 589 447), the Trustee for Telco Together Fund (ABN 91 256 972 804) of registered address Level 10 / 452 Flinders Street, Melbourne VIC 3000 Australia;
“User” means the individual, firm, company or organisation accessing the Website or making any donations online or via SMS / text message; and
“Website” means any website under the ownership or control of Brisbane Broncos from which a link has been created to these terms and conditions.
2. Applicable Terms and Conditions
The Website is owned by the Brisbane Broncos and any use made of the Website (including donations made via third party services through links from the Website) is subject to these terms and conditions. The Brisbane Broncos may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.
3. Use of the Website
Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the information contained therein, provided:
3.1 it is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain.
3.2 any links created to the Website are notified to and approved by the Brisbane Broncos before they are created.
3.3 no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of the Brisbane Broncos.
4. Copyright and Trade Marks
4.1 Copyright in the Material is owned by the Brisbane Broncos or its content suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of the Brisbane Broncos or, where applicable, the respective copyright owner(s) is prohibited.
4.2 The names and logos of the Brisbane Broncos and all related product and service names, designs marks and slogans are the trade names, service marks or trade marks of the Brisbane Broncos and may not be used without the prior consent of the Brisbane Broncos.
The Website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the Website. So far as permissible by law, the Brisbane Broncos does not accept any liability to any person relating to the use of any such information.
Whilst the Brisbane Broncos has taken every precaution in compiling the Website neither it nor any contributors to the Website can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, of information contained in or accessed through the Website.
6. Warranty and Indemnity
The User warrants to the Brisbane Broncos that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. The User shall indemnify and hold harmless the Brisbane Broncos, its employees and agents, against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against the Brisbane Broncos, its employees and agents, as a result of the use by the User of the Website, the Material or any part thereof for whatever purpose, to the fullest extent permitted by law.
7. Limitation of Liability
The Brisbane Broncos hereby disclaims all warranties and conditions with regard to the Material and any services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall the Brisbane Broncos be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if the Brisbane Broncos has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.
8. Third Party Websites
The Website contains links to websites operated by parties other than the Brisbane Broncos. Such links are provided for the User’s convenience only. The Brisbane Broncos does not control such websites, and is not responsible for their content. The Brisbane Broncos’ inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any services offered by such websites.
9. Privacy and Data Protection
Read our privacy statement here.
Whilst the Brisbane Broncos makes all reasonable attempts to exclude viruses from the Website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.
12. Online Donations
The Brisbane Broncos has partnered with a third party supplier of donation services, the ASF, to securely process all online transactions. All personal as well as payment data will be managed by the ASF. A User can find out more about the ASF’s service here: https://asf.org.au/ their specific terms here: https://asf.org.au/terms-conditions/ and their commitments to a User’s privacy here: https://asf.org.au/privacy-policy/. Should a User need to contact the ASF regarding an online donation, it is available on: firstname.lastname@example.org and: 02 6214 7868.
13. Text Donations
13.1 A User must be 16 years old or over to send a text donation, unless a different age limit is specified next to the relevant keyword, and a User must obtain permission from the bill payer before sending a text message.
13.2 A User can only donate from an eligible Australian mobile, except Optus PrePaid users.
13.3 Each message sent will cost $5 which will be displayed on a User’s mobile bill or usage report.
13.4 Each donation will receive a tax receipt via a free SMS back to a User’s mobile, carrying the ABN of the ASF, the third party donation handler responsible for passing funds back to the Brisbane Broncos.
13.5 The text to donate interaction is being provided and managed by a third party, the TTF, and they are responsible for the collection and management of a User’s mobile phone number and donation.
13.6 Users with any issues related to their text donation can contact the supporter care team at TTF either by email at: email@example.com or by calling them on: 1300 445 516.
13.7 A User can opt-out from further communication at any time by calling the TTF supporter care team on: 1300 445 516.
13.8 The Brisbane Broncos do not accept any responsibility whatsoever for any technical failure, malfunction, congestion, capacity issues or any other problem with any telephone, telephone network or line, system, server, provider or otherwise which may result in any text being lost, delayed or not properly received and recorded.
14. Force Majeure
The Brisbane Broncos shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.
15.1 If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
15.2 These terms and conditions constitute the entire agreement between the Brisbane Broncos and the User and supersede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and the Brisbane Broncos.
15.3 Any failure of The Brisbane Broncos to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.
The terms and conditions and the use by the User of the Website shall be governed by the laws of Australia and the parties hereto submit to the exclusive jurisdiction of the Queensland Courts in all disputes arising out of or relating to the Website, or these terms and conditions.