These Terms of Use (“Terms”) govern your access to and use of the Australian Powerlifting League (“APL”, “we”, “us”, “our”) website at www.aplpowerlifting.com and our official social media channels, including Facebook, Instagram and YouTube (together, the “APL Digital Platforms”).

By accessing or using any APL Digital Platform — whether as a visitor or as a registered member — you agree to be bound by these Terms and any additional terms, policies, rules or notices displayed elsewhere on the APL Digital Platforms. If you do not agree with any part of these Terms, do not access or use the APL Digital Platforms.

These Terms should be read together with the APL Privacy Policy, APL Membership Terms and Conditions, and APL Code of Conduct, all of which are available at www.aplpowerlifting.com.

1. Use of the APL Digital Platforms

1.1  The APL Digital Platforms are designed to provide a place where APL members and the broader community can access information about the APL, its competitions, policies, services and community.

1.2  All information and material on the APL Digital Platforms is provided for general informational purposes only. Users access the APL Digital Platforms and rely on the information at their own risk.

1.3  By using the APL Digital Platforms you agree that you will:

• Only use the APL Digital Platforms for personal, non-commercial purposes
• Not use the APL Digital Platforms in a way that causes or is likely to cause loss or damage to any person
• Comply with all applicable laws and regulations in connection with your use of the APL Digital Platforms
• Not attempt to gain unauthorised access to any part of the APL Digital Platforms or any systems or networks connected to them

2. Registration

2.1  Certain areas of the APL Digital Platforms, including the member portal, require you to register an account. When registering, you must provide accurate, complete and up-to-date information.

2.2  It is your responsibility to notify us of any changes to your registration information. You may do so by updating your account or contacting us at info@aplpowerlifting.com.

2.3  You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately if you become aware of any unauthorised use of your account.

2.4  Any personal information collected during registration will be handled in accordance with the APL Privacy Policy, available at www.aplpowerlifting.com.

3. Access to and Use of the APL Digital Platforms

3.1  We do not guarantee that the APL Digital Platforms will be available at all times or at any specific time. Access depends on telecommunications, internet service providers and other external factors outside our control.

3.2  We reserve the right to:

• Make changes to the APL Digital Platforms and the information and services provided through them at any time without notice
• Monitor access to and use of the APL Digital Platforms
• Suspend or cancel a user’s access to the APL Digital Platforms if we reasonably believe the user has breached these Terms or is no longer eligible or authorised to access the APL Digital Platforms

3.3  While we will take reasonable precautions to ensure the APL Digital Platforms are secure, no data transmission over the internet can be guaranteed as totally secure. Accordingly, we cannot ensure the security of any information transmitted to, from or using the APL Digital Platforms and users do so at their own risk.

4. User-Posted Content

4.1  Some parts of the APL Digital Platforms, including social media channels, may allow users to submit, upload, post or transmit content or material such as text, photos, images, audio and video, including links to content or material that may be accessed and viewed by other users (“User Content”).

4.2  Users are responsible for any User Content they submit to, on or through the APL Digital Platforms and must respect the legal rights and sensibilities of other users.

4.3  We reserve the right (but have no obligation) to review, remove, modify, deny access to or decline to display any User Content at our sole discretion, including where that material is prohibited material or otherwise breaches these Terms.

4.4  By submitting, uploading, posting or transmitting User Content to, on or through the APL Digital Platforms, you:

• Grant us a royalty-free, non-exclusive, perpetual, worldwide licence to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such material for the purposes of operating the APL Digital Platforms, providing associated services, and for our reasonable business, administrative, 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 User Content for the above purposes
• Grant other users a royalty-free, non-exclusive, perpetual, worldwide licence to use, copy and reproduce such material for their own private, non-commercial use
• Warrant that the User Content is not prohibited material and that you are legally entitled to submit, upload, post or transmit the User Content and have obtained all necessary licences, consents and approvals (including in relation to the intellectual property of any third party and in relation to the use of any name, character, likeness, image or voice of any person included in the material) to permit us and other users to deal with the User Content in accordance with the licences granted above
• Consent to any act or omission that would otherwise infringe your moral rights in the User Content and any present or future rights of a similar nature conferred by statute anywhere in the world

5. Prohibited Material and Conduct

5.1  Users must not submit, upload, post or transmit material to, on or through the APL Digital Platforms that:

• Is offensive, unlawful, defamatory, false or misleading, discriminatory, pornographic, sexually explicit, unsuitable for minors, or of an abusive, violent, obscene, offensive or menacing nature
• Is racist or hateful or promotes racism or hatred toward any person or group of persons
• Contains nudity, excessive violence or graphic content
• Is reasonably likely to offend, harass or intimidate another user
• Contains advertising, commercial solicitations or promotes goods or services for commercial gain
• Violates or infringes the intellectual property or other legal rights of any person or entity
• Contains personal information of any person (such as name, address, email address or phone number) without that person’s consent
• Contains or transmits malware, viruses, ransomware or other harmful or disruptive computer code
• Contains financial, legal, medical or other professional advice
• Breaches the APL Code of Conduct

5.2  Users must not use the APL Digital Platforms to:

• Conduct any illegal activity or facilitate any illegal activity
• Cause annoyance, inconvenience or distress to any person including other users
• Harvest, collect or store personal information about other users without their knowledge or consent
• Send or facilitate the sending of unsolicited commercial electronic messages
• Impersonate any person or organisation or misrepresent your affiliation with any person or organisation
• Interfere with, disrupt or attempt to gain unauthorised access to any part of the APL Digital Platforms or any connected systems or networks

6. No Liability for Misuse by Other Users

6.1  We do not warrant that User Content submitted, uploaded, posted or transmitted by users will be protected against misuse by third parties.

6.2  We are not responsible for the infringement of the copyright or other rights in User Content by other users.

7. Material Posted by Other Users

7.1  We are not responsible for, and accept no liability with respect to, any material submitted, uploaded, posted or transmitted to, on or through the APL Digital Platforms by users.

7.2  The views and opinions expressed in material posted by users on the APL Digital Platforms are those of the authors and do not necessarily represent our views or opinions. We do not endorse or support any views or opinions posted by users, and do not guarantee the accuracy, completeness, currency or suitability of any information posted by users.

7.3  We are not liable for the opinions or behaviour of other users, including any material they submit, upload, post or transmit, or any defamatory statements or offensive conduct.

7.4  Users who believe that the behaviour or material of another user is objectionable or contrary to these Terms may report the matter to us at info@aplpowerlifting.com.

8. Third-Party Links

8.1  The APL Digital Platforms may contain links to third-party websites that are not operated or controlled by us. Those links are provided for convenience only and may not be current. The provision of a link does not constitute an endorsement or approval of the third-party website or its content by us.

8.2  We are not responsible for the content, privacy practices or accuracy of third-party websites. Users access those websites at their own risk and those websites are not covered by these Terms.

8.3  You acknowledge that we may receive fees or commissions from third parties in relation to links to third-party websites.

9. Disclaimer of Warranties

9.1  Except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to the APL Digital Platforms or any information or services available through them. In particular, we do not warrant or represent that:

• Your systems will meet the minimum requirements to enable use of the APL Digital Platforms
• Information provided on the APL Digital Platforms is accurate, complete, current or suitable for any particular purpose
• The APL Digital Platforms are free from computer viruses, defects or other harmful components
• Your access to the APL Digital Platforms will be continuous, uninterrupted or error-free

10. Our Liability

10.1  Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer Act 2010 (Cth) and equivalent State or Territory consumer protection legislation.

10.2  However, to the maximum extent permitted by law, our liability to a user 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 supply of equivalent goods, the repair of the goods, or the payment of the cost of replacing, acquiring equivalent or repairing the goods
• In the case of services — to the supplying of the services again or the payment of the cost of having the services supplied again

10.3  Except as specified in clause 10.1 and 10.2, to the maximum extent permitted by law:

• We will not be liable to users for any special, consequential, indirect or incidental damages or loss of any kind (including loss of data, revenue, profits, opportunity or goodwill) arising out of or in connection with the APL Digital Platforms or these Terms, even if we have been advised of the possibility of such damages
• We will not be liable to any user, whether in contract, tort (including negligence), statute or otherwise, for any loss or damage arising from their use of or inability to use the APL Digital Platforms

11. Users’ Liability

11.1  Users are liable for all loss and damage (including indirect or consequential loss) suffered by us as a direct or indirect result of their acting inconsistently with or breaching any part of these Terms, except to the extent that we caused or contributed to that loss or damage.

12. Copyright

12.1  Copyright in the material on or available through the APL Digital Platforms is owned by us or our licensors and is protected under the Copyright Act 1968 (Cth) and equivalent international legislation.

12.2  Users may access, view and download content from the APL Digital Platforms and print that content, but only for their own private, non-commercial use.

12.3  Where we expressly invite you to do so, you may share certain content available on the APL Digital Platforms on social media. Except as permitted by the Copyright Act 1968 (Cth) or as expressly authorised by us in writing, no part of the APL Digital Platforms (including any material posted on the APL Digital Platforms) may be reproduced, copied, published, framed or transmitted in any form or by any means without our prior written consent. Requests for consent should be directed to info@aplpowerlifting.com.

13. Privacy

13.1  We collect and handle personal information in accordance with the APL Privacy Policy and the Privacy Act 1988 (Cth). The APL Privacy Policy is available at www.aplpowerlifting.com. By using the APL Digital Platforms you consent to the collection, use and disclosure of your personal information as set out in the APL Privacy Policy.

14. Changes to These Terms

14.1  We may amend these Terms from time to time by posting the amended version on the APL website. Your subsequent or continued use of the APL Digital Platforms will constitute your acceptance of any changes.

14.2  If any part of these Terms is or becomes void or unenforceable, that part will be severed and will not affect the validity and enforceability of the remaining provisions. The void or unenforceable part will be replaced by a provision that is valid, enforceable and has an effect as close as possible to the original.

15. Governing Law

15.1  These Terms are governed by the laws of Australia. Users agree to submit to the non-exclusive jurisdiction of the Australian courts in the event of any dispute arising out of or in connection with these Terms or any use of the APL Digital Platforms.

16. Contact

If you have any questions regarding these Terms or the APL Digital Platforms, please contact us:

• Email: info@aplpowerlifting.com
• Website: www.aplpowerlifting.com