Terms

Terms & Conditions

Welcome to Footy Card Guide. Please take the time to read and understand these Membership terms and conditions (Membership Terms). They govern your (your or you) use of the Footy Card Guide (Site) as a member.

Once you click “I agree”, you agree to the Membership Terms as a legally binding contract between you and Footy Card Guide. If you do not want to agree to these Membership Terms, we’re sorry but our friendship will have to end there!

In these Membership Terms, Content means all the content available on the Site.

1. Payment Plan Agreement Contract

You agree to pay the membership fees in full for access to the members portal for a period of 1 year (annual), 6 months or 3 months (quarterly). Your subscription will automatically renew after this period, at the regular annual or quarterly price.

You will receive renewal reminder emails prior to renewal.  Should you not wish to continue the subscription you MUST cancel prior to the renewal date.

PLEASE NOTE: If your card has expired before the renewal, you may still get charged on the renewal date if it’s the same card number with a new expiry date and CVC.

According to Stripe:

If a card was saved to Stripe before it expired, it can sometimes continue to be charged after its expiry date has passed. The decision to allow the charge to go through is entirely up to the issuing bank. Quite often, they’ll let these charges succeed to avoid unnecessary disruptions to the customer (who may be using the card for recurring charges/subscriptions and just haven’t had a chance to update it yet).

Read more here.

So if you want to cancel, you must cancel.

Once you purchase your membership (or once it is renewed) there are no refunds available.

2. Membership

If you are under 18 years, you need your parents’ permission before becoming a member and accessing the Site.

Your Membership is non-transferable. You must not share your username and password with anyone else or allow anyone else to access the Site using your username and password. If you do so, we may cancel your membership without reimbursement of membership charges.

You are responsible for every use of the Site that occurs in conjunction with use of your username and password. You must use reasonable efforts to keep your username and password confidential. You must notify us as soon as you become aware of any unauthorised use of your membership, username or password.

Membership is based on periodic subscription fees which are detailed on the Site’s sign up page. Your membership, or access to Content and areas of the Site, will be suspended or cancelled if we do not receive the fees for your subscription type.

You may have rights granted to you by law which may entitle you to a refund of fees in specific circumstances. Apart from those things, refunds of subscription fees will not be made.

3. Availability and Use of the Site

The Site will usually be available 24 hours a day, seven days a week. We may, however, need to interrupt or suspend your access to the Site or the provision of the Site’s services and Content, for maintenance, technical or other reasons.

When accessing and using the Site and its services and Content, you must comply with directions, instructions or protocols posted on the Site.

We are pleased to be able to offer a wide range of exclusive Content on the Site, which we aim to regularly add to. The Content will be updated, changed or removed from time to time, at our discretion, so we can’t guarantee that specific Content will always be available on the Site.

4. Rights to Content; intellectual property

The Content is copyright of Footy Card Guide. Your membership does not give you the right to redistribute Content. If you love the Content, please ask your friends to become members too!

Footy Card Guide is not associated with the AFL, Select or any other brand featured on the site. The trademarks and logos displayed on the Site are, unless otherwise stated, those of Footy Card Guide and others, and you must not use these without the approval of the relevant owner.

5. Fair use and prohibited conduct

You are not permitted to download Content to your computer as part of your membership.

You must not use scripts to automatically mass download Content.

You also must not:

a. use a false email address, impersonate others, or misrepresent your affiliation with others;
b. insert advertising, branding or other promotional content into the Site or Content;
c. attempt to gain unauthorised access to computer systems or materials through the Site;
d. engage in automatic gathering of information from or through the Site (such as “spidering”, “screen scraping”, “database scraping” or harvesting of e-mail addresses);
e. attempt to interrupt or alter the Site’s operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine );
f. use the Site or the Content in a way that violates applicable law, that violates third party intellectual property or other rights, or that is, fraudulent, obscene, offensive, or defamatory; or
g. except as allowed in these Membership Terms, copy, distribute, transmit, modify or otherwise exploit the Content or any other data or code made available through the Site.

6. Intellectual property complaints

We respect the intellectual property rights of others, and require that you do the same.

Please contact us if you believe that your intellectual property or other rights are being affected by anything on the Site.

If you are specifically making a copyright-based claim regarding Content, please forward the following information to us:

a. your address, telephone number, and email address;
b. a description of the location of the alleged infringing material;
c. a description of the copyright work that has been allegedly infringed; and
d. a statement by you that you warrant that the information given in your claim is accurate and that you are either the copyright owner or are authorised to act on the copyright owner’s behalf.

7. Just a guide

Footy Card Guide price listings are to be used only as a guide. They do not represent fixed prices. They do not represent an offer to buy or sell on part of the staff or any other party.

We hold no responsibility for the choices you make to sell or purchase cards, whether based on information found in our price guide or otherwise.

Values can be subjective and volatile, and prices fluctuate regularly.

We do the best to ensure accurate data, however there may be occasional typos or errors in the data.

8. Privacy

Our information collection and use of any personal information about you is set out in our Privacy Policy.

Personal information that you disclose may be used by Footy Card Guide, its agents and contractors in relation to your membership and the Site, including marketing activities for the Site.

We may disclose any personal information as necessary to satisfy any law, regulation or government request.

9. Refusal, suspension or termination of membership

We may, in our discretion, immediately restrict, suspend or terminate your membership and access to the Site if we consider you in breach of these Membership Terms, any other Site rules, or applicable law.

We reserve the right to refuse membership in our discretion.

10. Liability and disclaimer

Except as provided in an applicable Non-excludable Law, we are bound only by the express promises made in these Membership Terms and are not bound by implied terms. Except as provided in an applicable Non-excludable Law:

a. we do not promise that the Content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site or Content are free of viruses or any other harmful components; and
b. we make no promises regarding your access to, or the results of your access to, the Site or Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Except as provided in an applicable Non-excludable Law, we and our affiliates are not liable for indirect, incidental, special or consequential damages, loss or revenue or loss of profits which result from any use of or access to, or any inability to use or access, the Site.

11. Changes to Membership Terms

We may change these Membership Terms from time to time, but we will notify members before doing so. You will be given the opportunity to cancel your subscription with a pro-rata refund (based on time remaining in your subscription) if you do not want to accept the changes. If you do not opt out in this way, your continued subscription to and use of the Site will be an acceptance of the updated Membership Terms.

12. Applicable Laws

We control and operate the Site from our offices in Australia. The laws of Australia govern these Membership Terms, and you and Footy Card Guide submit to the jurisdiction of the courts there.