Terms of Service

Terms of Use

Indian Pacific Limited trading as West Coast Eagles (WCE)

1. Agreement to the Terms of Use

Please read these terms of use carefully before using this Website

1. The below are  the official Terms of Use for the Website, associated landing pages and all associated content (collectively the ‘Website’) are operated by WCE. These Terms of Use apply to all users of the Website each and every time you use the Website.
2. Your access to and use of the Website is conditional upon your acceptance and compliance with the terms, conditions, rules, notices and disclaimers contained now or from time to time in this Terms of Use Statement (collectively known as the ‘Terms of Use’). Your use of the Website constitutes your agreement to be legally bound to these Terms of Use. If you do not agree to these Terms of Use, you should not access or use the Website.
3. I confirm that I am over the age of 18 years or, if the user of an account is under the age of 18 years a parent/guardian must enter into this agreement of behalf of the user and warrants that these Terms of Use will be adhered to and acknowledges and agrees to these Terms of Use on behalf of the user.
4. In these Terms of Use, “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio- visual combinations, interactive features and other materials you may view on, access through, or contribute to the Website.

2. Changes to these Terms of Use

WCE reserves the right to modify these Terms of Use from time to time and to add to, change or discontinue the information contained in, or any other aspect of, the Website at any time.  We will notify you of such changes by posting an updated version of the Terms and Conditions on the Website.  Please check this platform regularly for changes, as your continued use of this platform signifies your acceptance of any changed Terms of Use.

3. Your Use of the Website

1. An account is required to access the Website. To create an account, you will be required to provide WCE with personal information including your name, email address, country, organisation, and role. You are responsible for the accuracy and currency of this information.
2. You must sign up for an account with an email address that is not shared or accessible to others. You are responsible for safeguarding your username and password, and you are accountable for any unauthorised use of your account. If you know or suspect that anyone other than yourself has access to your sign in details and password, you must promptly notify us at support@eaglesactive.com.au.
3. You have the option to request the deactivation of your account at any time. All such requests must be submitted in writing to the email address above.
4. The content on this Website is made available to you for non-commercial use and enjoyment. You must not:
   1. use the Website in any manner so as to restrict anyone else’s use and enjoyment of the Website;
   2. commercialise any part of the Content on the Website unless you have first obtained WCE’s express written permission; or
   3. publish, reproduce, modify, transmit, distribute or otherwise commercially exploit for any purpose whatsoever any of the content on this Website whether in hardcopy form, electronic form or any other form whatsoever;
   4. without WCE’s express written permission, use the Content in a manner that suggests an association with any products, websites or brands;
   5. use the Website in any such way as to gain unauthorised access to our operating systems or to tamper, hinder or modify the Website (or any part of the Website including any Content) or knowingly transmit any disabling features to the Website
5. You must use the Website in a responsible manner and solely for lawful purposes. You must not use the Website for any activities which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard.
6. WCE grants you access to the Website on an “as is” basis, and your access and usage are undertaken at your own risk. To the fullest extent permitted by law, WCE does not provide any representation or warranty, whether explicit, implicit, statutory, or otherwise, concerning the availability, currency, completeness, quality, or reliability of the Website or any of its content.
7. To the extent permitted by law, you hereby release and indemnify WCE from any and all liability, loss, damage, cost, or expenses (including indirect and consequential loss and damage) that you or any other person may incur, regardless of the cause, related to the use of, or reliance on, the Content and resources provided through the Website. This release extends to any issues with accessing the platform, any Content downloaded from the platform, or any harm to your device systems or loss of data.
8. Without limiting the above, WCE makes every effort to ensure the Website is free from any virus or computer code file or program designed to impair the performance of the Website or any computer software or telecommunications device (‘Virus’) however WCE does not guarantee that the Website will be free from errors or viruses or that your use of the Website will be uninterrupted.
9. WCE will use reasonable efforts to ensure that the Website is available. However, WCE may temporarily suspend the Website to complete any necessary maintenance and/or modifications, or may change, suspend or discontinue the Website at any time, including availability of any Content (whether or not submitted or uploaded by you) or feature. WCE may impose limits or restrict your access to parts or all of the content without notice or liability.
10. Without limiting (g) or (h) above you agree that WCE will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Website, the Website Content or other Content, whether temporary or permanent.

4. Copyright and Intellectual Property

1. All Content on this Website or made available through this Website is the property of WCE or a third party. The Content on this Website is provided in good faith and updated regularly but we do not make any representations as to its accuracy and cannot guarantee the completeness and correctness of all the information displayed.
2. All intellectual property rights in relation to the Content on this Website are the property of WCE or its licensors, advertisers or affiliates. You obtain no interest in those intellectual property rights. All Content on this Website is protected by Australian and international copyright and other intellectual property laws.
3. You may not use the Website to infringe any copyright or other intellectual property right or any moral right or to use the Website to cause the unlawful distribution of Content.
4. Except as specifically allowed on this Website, you may not copy, reproduce, republish, download, post, modify, adapt, distribute, transmit, communicate to the public or otherwise use any of the Content on this Website without the prior written consent of WCE or its licensors, advertisers or affiliates (as the case may be).
5. If you believe that any of your intellectual property rights have been infringed on by the Website please notify us immediately via support@eaglesactive.com.au.

5. Third Party Content

You understand that when using the Website, you will be exposed to Content from a variety of sources, and that WCE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.

6. Linked Sites and Policy

1. The Website may contain links and other pointers to internet sites operated by third parties. You acknowledge and agree that:
   1. WCE does not control these linked sites and is not responsible for the contents of any linked site or any link contained in a linked site;
   2. the links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the third-party site or the products or websites provided at those sites; and
   3. WCE does not assume any responsibility or liability for the actions, products and content of these third- party sites. Your link to any such third-party site is entirely at your own risk.

7. Privacy

WCE is collecting your personal information (PI) to facilitate your application and provide requested products and services to you.  WCE may use and disclose your PI as set out in this statement and our Privacy Policy located at https://www.westcoasteagles.com.au/privacy-policy. If you do not provide your PI, we will not be able to provide certain products or services to you.  We may disclose your PI to other parties, including our affiliates, service providers, partners and sponsors (that may be located overseas from time to time).  We may use and disclose your PI to administer your requested products and services, to our affiliated organisations to facilitate programs and activities, provide you with news, promotions and offers, to contact you to help us improve our products and services, when engaging professional advisers including accountants, auditors and lawyers, and dealing with WCE’s insurer, unless you opt out (see our Privacy Policy for details on opting out).  Our Privacy Policy contains information about how you may access and seek correction of your PI, how to complain about a breach of your privacy, and how we will deal with that complaint.

8. Disclaimer

1. Some legislation such as the Australian Competition and Consumer Act 2010 (Cth) may confer on you rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your ‘Statutory Rights’). To the fullest extent permitted by law, we exclude all conditions and warranties implied by custom, law or statute save for your Statutory Rights.
2. To the extent that we are liable for a breach of a Statutory Right, our liability will be limited, so far as the law permits, at our option to:
   1. In the case of goods supplied or offered by us:
      1. repairing or replacing the goods; or
      2. paying the cost of having the goods supplied again
   2. In the case of Websites supplied or offered by us:
      1. resupplying those or equivalent Websites; or
      2. paying the cost of having the Websites supplied again.

9. Paid Content

WCE may create premium Content which will only be available for users who have purchased access in accordance with a WCE Eagles Active Membership.

10. Governing Law

These Terms of Use will be governed by the laws of Western Australia, Australia, and the Commonwealth of Australia and shall be subject to the non-exclusive jurisdiction of the court of Western Australia, Australia, and the High Court of Australia.  In the event that any of the Terms of Use are found to be unenforceable under Western Australian or Commonwealth law, this will not affect the remainder of these terms of Use.

11. Contacting Us

You can contact us by emailing support@eaglesactive.com.au or writing to us at the following address:

West Coast Eagles

Attention: Eagles Active

42 Bishopsgate Street, Lathlain WA

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