1. IN GENERAL
Access to and use of this Website, and the products and services available through this Website (collectively, the “Services”), are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to these Terms & Conditions.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
2. MARKETING/PHOTOGRAPHS & IMAGES
If you consent, photographs and video taken at the program may be used in promotions, marketing or player analysis by Sporting Minds and its authorised partners. When completing the registration form, you will be asked to confirm consent for us to carry out this action.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Sporting Minds Pty Ltd or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Sporting Minds Pty Ltd and its licensors.
You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
5. TERMS OF SALE
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
In order to contract with Sporting Minds, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Sporting Minds retains the right to refuse any request made by you.
a. ORDER APPROVAL
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
b. PRICING AND AVAILABILITY
1. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price, or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Prices are inclusive of GST.
2. The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. Therefore, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Upon receiving your order, we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
d. Discount Codes
We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website. The conditions of use relating to any discount code will be specified at the time of issue.
Purchases/bookings are non-refundable. Our liability will be limited to; in relation to goods, the replacement of the goods or the supply of equivalent goods; and in relation to services, the supply of the services again or the payment of the cost of having the services supplied again. Please contact us straight away to discuss a return and replacement.
f. Store Credits
Sporting Minds has a ‘no-loss’ policy for all its program bookings. This means customers who cannot attend camps due to unforeseen circumstances can request, depending on the number of days of absence, either a partial or full store credit.
Also, if a program cannot run due to circumstances outside our control, the following process applies:
· Sporting Minds will transfer your child, free of charge to any program of your choice or
· Provide a full store credit for future use.
Please note that, Sporting Minds credits never expire and can be used at any future programs Australia-wide.
In addition, credits can be transferred to siblings, friends and family at full redemption value.
Please contact Sporting Minds for any further queries.
6. DISCLAIMER OF LIABILITY
The staff of Sporting Minds, or the staff of our nominated partners, are authorised to act for parents and guardians, according to their best judgement, in any emergency requiring medical attention for their children. Also, to the extent permitted by law, release Sporting Minds and their authorised partners from any and all liability for injury, illness, damage or loss incurred while at a program.
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Sporting Minds and its suppliers, content providers and advertisers, hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever. Including, but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Sporting Minds liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
7. LINKING TO THIS WEBSITE
With prior written authorisation, you may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the homepage. We reserve the right to withdraw linking permission without notice.
You agree to indemnify, defend and hold harmless Sporting Minds Pty Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Sporting Minds shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. If you have any complaints or comments please don’t hesitate to contact us on:
E-mail: [email protected]
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
12. GOVERNING LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.
13. ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Sporting Minds. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Sporting Minds.