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Draft Pro Terms and Conditions

Support Team
Updated

DEFINITIONS

In these Terms the following definitions apply:

  • ACL means the Australian Consumer Law set out in Schedule Two of the Competition and Consumer Act 2010 (Cth).
  • Content includes statistics, data, editorial, copy, pictures, videos, text, graphics, information, fonts, layouts and hyperlinks that we use to provide the Fantasy Goods & Services and includes any Intellectual Property Rights in those things.
  • Fantasy Coach Services means access to or use of the Content and statistical information, analysis, prediction applications, consultancy advice and other services that we provide relating to the Game from time to time.
  • Fantasy Goods & Services means the Fantasy Coach Services
  • Game means the game or games currently called “AFL Fantasy Classic”, “AFL Fantasy Draft” and located on the Websites http://fantasy.afl.com.au and https://fantasydraft.afl.com.au/ respectively, and the corresponding mobile applications available in the Apple iTunes Store and the Google Play Store.
  • Game Expiry Date means the date on which the Game Term ends.
  • Game Providers are the entities who provide the Game.
  • Game Rules means any applicable terms and conditions agreed to between you and a Game Provider concerning your participation in the Game.
  • Game Section means the section of the Website visible to you when you subscribe and then subsequently log into the Game.
  • Game Subscriber means a registered user of the Game who has successfully completed the subscription application process provided for in the Game’s terms and conditions found at 1 – AFL Classic / Match Day T&C’s, and 2 – AFL Draft T&C’s.
  • Game Term means between 12:01 am Australian Eastern Daylight Savings Time ("AEDST") on 19 December 2024 and closes at 11.59 pm Australian Eastern Standard Time ("AEST") on 30 September 2025. A subsequent Game Term for 2025 may begin any time after 12.00am 01 October 2025 as designated by us.
  • Intellectual Property Rights means any and all rights in respect of or in connection with any confidential information, copyright (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), designs or trade-marks throughout the world, whether such rights are afforded protection by a system of registration or not, and includes all rights to apply for registration of such rights where applicable.
  • League means the league set up by a Game Subscriber, which other Game Subscribers may be invited to and join.
  • Permitted Use means you viewing and evaluating the Content and using any applications forming part of the Fantasy Goods & Services to assist you making decisions regarding the Game and assist you in playing the Game.
  • Subscription Date means the date that your application to subscribe to the Fantasy Goods & Services is approved and accepted by us.
  • Subscription Section means the pages on the Website, and the corresponding mobile applications currently available in the Apple iTunes Store and the Google Play Store, where the subscription packages for the Fantasy Goods & Services are located.
  • “We”, “us”, “our” or “Fan Hub” means Fan Hub Media Trading Pty Limited .
  • Website means the website currently located at http://fantasy.afl.com.au, and the corresponding mobile applications currently available in the Apple iTunes Store and the Google Play Store

1. Overview

  • These Terms apply to your subscription for, access to and/or utilization of the Fantasy Goods & Services as provided by us.
  • These Terms prevail over any other inconsistent terms in other Fan Hub documents.
  • You are taken to have accepted these Terms by subscribing to the Fantasy Goods & Services, making any payment or performing any of these Terms.

2. Game Provider

You agree and acknowledge that the Game is provided by relevant Game Providers and in those circumstances:

  • it is the Game Providers (and not us) who are responsible for providing the Game and any associated warranties and guarantees (if any);
  • your participation in, access to and use of the Game is governed by the applicable Game Rules as agreed between the Game Provider and you, and you must make your own enquires as to the suitability of those terms; and
  • we are not responsible for any inaccuracies or errors in the information supplied by Game Providers or changes made to the Game.

3. Fantasy Goods & Services

  • The Fantasy Goods & Services may only be accessed and used by Game Subscribers who have:
    • submitted to us the subscription or payment application currently located at the Subscriptions Section; and
    • been approved by us.
  • You acknowledge and agree that:
    • we reserve the right to accept your application to use the Fantasy Goods & Services at our sole discretion;
    • the Fantasy Goods & Services and the Content may vary from time to time;
  • You warrant that:
    • by subscribing to use and / or purchase the Fantasy Goods & Services you are a Game Subscriber;
    • your use of the Fantasy Goods & Services is solely for personal, household or domestic use and not for sub-licensing, resale or any other purpose.
    • you will keep your password and account details secure.
  • You undertake to only access and utilise the Fantasy Goods & Services for the Permitted Use and not for any other purpose or reason and, without limiting the above, you will not:
    • make duplicates or copies, electronic, printed or otherwise, of the Content for any other purpose or use;
    • provide any of the Fantasy Goods & Services by electronic, printed or other means to any person or otherwise communicate or distribute any of the Content to others;
    • distribute, reproduce or display any Content on any electronic network, printed literature, website or otherwise, including without limitation the internet;
    • corrupt, update, alter or change any part of the Content; or
    • produce or create any derivative works or content based on the Content or the Fantasy Goods & Services.

4. Duration

Unless stated otherwise in these Terms, our responsibilities to provide the Fantasy Coach Services commence on the Subscription Date and will expire upon the earlier of:

  • The date your subscription is cancelled in accordance with these Terms; or
  • In the case of the season subscription, on the Game Expiry Date.

5. Free Trials

We may offer, from time to time, in part or in whole, and at our sole discretion, free trials of the Fantasy Coach Services. If you choose to subscribe for a free trial:

  • we will make the Fantasy Coach Services, in part or in whole, at our sole discretion, accessible and attainable to you during the free trial period (as specified in the Subscription Sections).
  • you will be restricted to a maximum of one free trial of the Fantasy Coach Services unless otherwise specified by us.
  • You acknowledge that we are under no obligation make access to any or all components of the Fantasy Coach Services available during any such free trial and for the avoidance of any doubt, certain features will not be available in the Free Trial, as communicated via the Website from time to time
  • We may make certain paid features free at our discretion, and for a duration of our choosing.

6. Purchases, Subscription Charges and Payment

  • Fantasy Coach Services
    • you may subscribe for the Fantasy Coach Services on a monthly or season long basis (or other term as may be otherwise provided by us from time to time) in accordance with these Terms.
    • The subscription charges payable by you for access to and viewing of the Fantasy Coach Services are detailed in the Subscription Sections;
    • Subscription charges will be made to your chosen payment method.
  • Monthly Subscriptions
    • Your first monthly subscription charge will be charged on the Subscription Date and then on the same date of each subsequent month until cancelled by you.
    • You recognise and accept that you will not be entitled to any pro rata or other type of refund of the subscription charges if the period between the date of the last payment of a monthly subscription for a Game Term and the time you cancel your subscription is less than one month.
  • Season Subscriptions
    • Season subscription charges will be charged on the Subscription Date.
    • Season and/or monthly subscriptions are only available during the Game Term, as specified in the Subscription Sections.
  • Purchases
    • Purchases will be on a one-off basis and will not incur any repeat payments.
    • Delivery of purchases will be made within one month of the completion of the relevant League.
  • Draft League Pro Subscriptions
    • Purchases will be on a one-off basis and will not incur any repeat payments.
    • A separate purchase of a Draft League Pro subscription is required for each league where you wish to unlock those features
    • The subscription charges payable by you for access to and viewing of the Fantasy Coach Services are detailed in the Subscription Sections;

7. Suspension

If any subscription charges are not paid by the due date (including being rejected by your credit card issuer or other payment provider) we may, at our sole discretion, suspend your ability to access and use the Fantasy Coach Services until the relevant subscription charges are paid in full.

8. Cancellation By and Refunds to You

  • Fantasy Coach Services
    • You may cancel your subscription if you are a monthly subscriber by submitting to us the completed cancellation form located at To AFL FC Subscriptions[AT1] .
    • The cancellation of your monthly subscription will be effective on and from the date the next payment of subscription fees would have been charged to your chosen payment method, but for the cancellation (Effective Cancellation Date) after the receipt of your cancellation form. During the period between the date, you submit the cancellation form to us and the Effective Cancellation Date, we will continue to provide access to the Fantasy Coach Services to you and you will not be entitled to any refund of subscription charges for this period, pro rata or otherwise.
    • If you are a season subscriber, you may only cancel your season subscription during the 7 days following the Subscription Date. You may cancel your subscription by submitting to us the cancellation form located at 1 AFL FC Subscriptions. If you decide to cancel your season subscription during this 7-day cancellation period, we may immediately cancel your access to the Fantasy Coach Services. Within 30 business days of receiving your notice of cancellation we will refund to you the pro rata balance of the season subscription charges paid by you.
    • You acknowledge that you may not cancel season subscription once the 7-day cancellation period specified above has expired.
  • Draft League Pro Subscription
    • If you are a Draft league Pro subscriber, you may only cancel your subscription during the 7 days following the Subscription Date. You may cancel your subscription by contacting us and requesting cancellation. In order to cancel, your league must not be making use of any league settings that are dependent on the subscription. If you decide to cancel your season subscription during this 7-day cancellation period, we may immediately cancel your access to the Draft league pro subscription. Services. Within 30 business days of receiving your notice of cancellation we will refund to you the pro rata balance of the season subscription charges paid by you.
    • You acknowledge that you may not cancel season subscription once the 7-day cancellation period specified above has expired.

9. Cancellation By Us

  • In the following circumstances we may immediately stop your access to the Fantasy Goods & Services and any subscription charges will not be refunded:
    • Your rights to be a registered user are terminated in the Game due to a breach of the Game Rules or other applicable terms and conditions by you;
    • You violate any material provision of these Terms;
  • In the following circumstances your access to the Fantasy Goods & Services will cease and we will refund to you all subscription charges and payments on a pro-rate basis
    • The Game is cancelled or otherwise ceases to operate for reasons beyond our control; or
    • The Game is cancelled or otherwise ceases to operate at our sole discretion.

10. Payment Method Details

Any mode of payment including credit card, debit card, online payment method or other similar details you provide to us for the purpose of subscribing to the Game will be stored and used by us for the purpose of processing your payments of the subscription charges. You acknowledge that we may provide your credit card, debit card, online payment method and other similar details to any other party we appoint to process credit card or electronic payments for us. We will use our best endeavours to ensure your details are kept secure.

11. Intellectual Property

  • The Content contains intellectual property including trademarks, confidential information and copyright, together with any goodwill or reputation and Intellectual Property Rights subsisting in those things.
  • You acknowledge and agree that:
    • we own all Content, or it is licenced to us by third parties and unless permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute it in whole or in part without our prior written consent.
    • your use of, and access to the Content does not assign any rights in those things
    • upon creation, all rights (including any Intellectual Property Rights) in any developments or improvements to the Content automatically vest in us and you hereby assign any rights in those improvements to us.

12. Guarantees and Warranties

  • We acknowledge that where the supply of the Fantasy Goods & Services are “consumer” supplies, under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Competition and Consumer Act 2010 (Cth)) certain statutory express and implied guarantees and warranties will be implied into this Agreement (Non-Excluded Guarantees).
  • You acknowledge that nothing in these Terms purport to modify or exclude the Non-Excluded Guarantees.
  • In addition to the Non-Excluded Guarantees, we hereby agree that the Fantasy Goods & Services will be provided:
    • in compliance with any applicable laws;
    • to the same standard to which a prudent and experienced provider would normally provide the Fantasy Goods & Services;
    • diligently, competently, with care and skill and in a proper and professional manner; and
  • Except and only to the extent that these guarantees or warranties are inconsistent with Non-Excluded Guarantees, we do not and cannot provide any guarantees or warranties that:
    • the information associated with the provision of the Fantasy Goods & Services will be entirely accurate or correct, dependable or appropriate for any particular purpose; or
    • your use of the Fantasy Goods & Services will ensure any scores, performance, results or other similar events based on the Game’s predictions or estimations or that any such predictions or estimations will be accurate or correct; and
    • the Fantasy Goods & Services will be free of outages, interruptions or other similar issues; or
    • the Fantasy Goods & Services and Content will be compatible with any computer software, computer hardware, internet browser, mobile device or other devices, or any other technology;
  • You warrant and represent to us that any and all:
    • information submitted by you to us in your application for subscription or as otherwise provided is complete, true and accurate at the time of submission; and
    • credit card, debit card or other payment method details you provide to us are correlated to a card issued to you or payment method that you are authorised to use for the subscription fees.

13. Liability

  • Subject to this clause and so far as may be permitted by law, the liability of related parties, employees and/or agents for a failure (other than a major failure) to comply with a Non-Excluded Guarantee, shall be limited to, at Fan Hub’s option:
    • Refund of any fees paid; or
    • Subject to the Game still being available, free access to the Fantasy Goods & Services during the same calendar year, for a period of time equal to the loss suffered during that calendar year,
  • Subject to this clause 13 and so far as may be permitted by law, if a failure of Fan Hub to comply with the Non-Excluded Guarantees cannot be remedied or is a major failure, your right to recover damages is limited to the reasonably foreseeable loss or damage suffered as a result of that failure. However, Fan Hub is not liable for loss or damage that results from a failure of Fan Hub or the Game Provider to comply with the Non-Excluded Guarantees if that failure was caused independent of human control.
  • In circumstances where the Non-Excluded Guarantees do not apply, Fan Hub, its employees and/or agents shall not be liable for any loss or damage (including any consequential loss or damage, which includes, without limitation, loss of profits and loss of revenue) of any kind whatsoever, even if due to the negligence of Fan Hub, its employees and/or agents or the Provider.
  • Subject to this clause 13, you acknowledge that:
    • the Fantasy Coach Services are statistics, data, information and analysis services which attempt to predict future events and performances of athletes and by their very nature are unpredictable; and
    • given the unpredictable nature of the Game and multiple variables involved in the Game, you cannot depend on the effectiveness, relevance, completeness or accuracy of the Fantasy Coach Services or Content and you should perform your own enquiries and undertake your own independent research and analysis before playing the Game or making decisions in regard to the Game.

14. Privacy

Periodically we collect certain required personal information (as defined in the Privacy Act 1988 (Cth)) from you, which you provide to us when applying for, subscribing for and/or accessing the Fantasy Goods & Services. We may use such personal information to allow us to provide the Fantasy Goods & Services to you, to communicate changes to the services with you and to provide information to you about other products or services you might be interested in, unless you inform us in writing that you do not want this information. In managing your personal information, we will comply with the Privacy Act 1988 (Cth).We will only disclose personal information about you to a third party when required to by law. Given Subscriptions are only available to Game Subscribers, our compliance with privacy legislation is set out in the separate Privacy Policy which may be accessed from the following link www.telstra[AT2] [EF3] .com.au/privacy/privacy_statement.html that governs the Game.You (and your parent or legal guardian if you are under 18 years of age) acknowledge, understand and agree that the Game Provider may use and disclose the information provided by you to Fan Hub, and to the Game Provider by Fan Hub on the terms and for the purposes (including marketing) set out in the Game Provider’s Privacy Statement available at www.telstra.com.au/privacy/privacy_statement.html[AT4] [EF5]  or by calling 1800 039 059, as if you were a customer of the Game Provider. You (and your parent or legal guardian if you are under 18 years of age) agree that the Game Provider can continue to contact you even after the Game ends. If you would like to access or correct the personal information that the Game Provider holds about you, or if the Game Subscriber does not wish the information to be disclosed, you should advise the Game Provider by phoning 1800 039 059.

15. GST

All prices are quoted inclusive of GST. The GST imposed on any supply made by the us to you pursuant to these Terms (the GST Amount), must be paid by you, in addition to any amount payable, and any non-cash consideration provided, for that supply (without any deduction or set-off) by you under any other clause in these Terms). Any GST Amount payable is payable upon demand by us whether such demand is by means of any invoice or otherwise. If any part of the purchase price is referable to both a taxable supply (as defined in the GST law) and anything that is not a taxable supply, the apportionment of the purchase price between those supplies shall be determined by us, and GST applied accordingly.

16. Force Majeure

We will not be liable for any failure to perform or delay in performing any obligation under these Terms insofar as the failure or delay is caused by an event beyond our reasonable control, including but not limited to riot, labour dispute, terrorism, revolution, criminal act, acts of restraint of government or regulatory authorities, flood, earthquake, fire or any other type of natural disaster, failure of computer equipment, ongoing telecommunications or internet outage or failure or delay of statistical feeds or sources of content from which data required to produce the Fantasy Goods & Services are derived.

17. General Provisions

The above Terms form the entire and complete agreement between us and you in regards to the Fantasy Goods & Services and override all previous agreements and understandings. No variation to these Terms will be applicable unless agreed in writing by you and us. If any clause within these Terms is held to be unenforceable or invalid by any court of applicable jurisdiction, all and any remaining provisions will remain intact and unaffected and continue to be carried out according to the original purpose and intent. These Terms are governed by the laws of the State of Victoria, Australia, and each party agrees that any dispute arising out of these Terms will be dealt with in the courts of the State of Victoria.

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