Inclusive Sport SA operates and provides this Website and its related Services subject to the following Terms and Conditions of use of this Website.
By accessing, browsing, or using this Website or Services you agree you have read, understood and agree to be bound by these Terms and Conditions and all applicable law and you acknowledge that this Website and Services are available for your use only on the condition that you agree to be bound to these Terms and Conditions. You should read these Terms and Conditions and the Inclusive Sport SA Privacy Policy carefully before using this Website.
Inclusive Sport SA reserves the right to revise and update these Terms and Conditions by making any changes immediately. We will notify you as soon as reasonably practicable after such changes have been made. We may revise these terms from time to time. The revised terms will take effect when they are posted on the Website and your continued usage of this Website after any changes to these Terms and Conditions will mean you accept those changes.
In these Terms of Conditions:
- Inclusive Sport SA, us, we, and our means INCLUSIVE SPORT SA INCORPORATED (ABN 40 766 479 736) its director/s, employees, agents, affiliates and related parties;
- Materials means all of the materials displayed on the Website, including (without limitation) all information, text, graphics, names, logos, trademarks, design, software and advertisements;
- Services means the services provided by Inclusive Sport SA to you on the Website;
- Website means Inclusive Sport SA’s website located at http://www.inclusivesportsa.com.au/; and
- you and your refers to anyone who visits and/or uses this Website and/or accesses the Services.
PRIVACY
We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information in accordance with the principles of the Privacy Act 1988 (Cth) and the Australian Privacy Principles. You can access the Inclusive Sport SA Privacy Policy at http://www.inclusivesportsa.com.au/privacy-policy.
COPYRIGHT
Images of people, places and/or other Materials posted on this Website are either the exclusive property of Inclusive Sport SA or are used herein with the express permission of the legal owners. Unless otherwise noted, all content included on this Website, including (but not limited to) images, illustrations, designs, icons, photographs, video clips, written material and other Materials, is the property of Inclusive Sport SA or its suppliers, partners, or affiliates and is protected by Australian and international copyright laws. The compilation (and layout) of this Website is the exclusive property of Inclusive Sport SA and is protected by Australian and international copyright laws. Any unauthorised use of any content or Materials is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the Materials or content on this Website can be made only with the prior written and express authorisation of Inclusive Sport SA. For further information on how you may obtain the authorisation to use any Materials or content on this Website, please contact Inclusive Sport SA by using the contact details provided in these Terms and Conditions. Please note that Inclusive Sport SA reserves all of its rights in this regard.
TRADE MARKS
All trademarks, trade dress and service marks (whether registered or unregistered) and their respective designs and/or logos on this Website are the exclusive trademarks and/or registered trademarks of Inclusive Sport SA. The trademarks, trade dress and service marks of Inclusive Sport SA may not be copied, imitated or used, in whole or in part, without prior written permission of Inclusive Sport SA. All page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Inclusive Sport SA, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Inclusive Sport SA. All other trademarks, registered trademarks, product names and company names or logos used on this Website are the property of their respective owners and have been licensed by Inclusive Sport SA for the use of Inclusive Sport SA only. You may not use any trademarks, trade dress, service marks or intellectual property of Inclusive Sport SA or its related companies, nor may you place any Meta tags or any other “hidden text” utilising the name of Inclusive Sport SA or its related companies, trademarks, or product names without our clear express written consent.
LICENSE AND SITE ACCESS
We grant you a limited license to make personal use only of the Website for use of the Services. Such grant does not include, without limitation: (a) any resale or commercial use of this Website, or any of the contents of this Website; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Website not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Website (including any Inclusive Sport SA trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Website, and any of the contents of the Website; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Website, or to collect any information from the Website or any other user of the Website.
You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include: accessing data unlawfully or without consent; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
HYPERLINKS
Linking to our Website is prohibited (without our express written consent).
Links on our Website may direct you to third party websites, which are subject to their own Terms and Conditions. Your use of those websites is solely at your own risk and expense and Inclusive Sport SA accepts absolutely no responsibility and makes no claims, representations or warranties with regards to the use, quality, content, nature or reliability of any third-party websites.
YOUR ACCOUNT
If you use this Website you may be required to set up account and/or password(s). You are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion. If you register on the Website, you agree that any information you provide to us will be current, accurate and complete. Inclusive Sport SA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Inclusive Sport SA or another party due to the unauthorised use of your account and/or password either with or without your knowledge. You agree to notify Inclusive Sport SA immediately of any unauthorised use of your account and/or password(s), or other breach of security.
ELECTRONIC COMMUNICATIONS
From time to time Inclusive Sport SA may offer a newsletter or service information updates. By accepting these Terms and Conditions, you consent to Inclusive Sport SA using your email address to send you Inclusive Sport SA newsletters or product or service information updates (as applicable). Inclusive Sport SA may also use your email address to send updates to you from time to time about changes to the Services.
If requested by you, Inclusive Sport SA will remove you from its mailing list in accordance with the Inclusive Sport SA Privacy Policy.
CONDITIONS OF SALE
From time to time, Inclusive Sport SA may offer for sale:
- tickets to certain events;
- merchandise and other goods;
- access to education courses; or
- any other goods or services listed on the Website,
(each an Order).
Ownership of and title to an Order does not pass to you until the price payable for that Order, including all charges, has been paid in full by you to Inclusive Sport SA and payment has been processed and confirmed.
These Conditions of Sale may change from time to time and you are required (within reason) to revisit these before placing any Order to ensure that these Conditions of Sale have not changed.
Inclusive Sport SA reserves the right to accept or reject your request an Order for any reason, including, without limitation, an error in the product description or the price posted on the Website, the availability of the Order, or an error in any Orders.
Your contract with Inclusive Sport SA for any purchase of the Orders will only come into existence when Inclusive Sport SA forwards you an email containing confirmation of receipt of your Order, an acceptance of your Order, confirmation of receipt of your payment and details of delivery and/or an Invoice.
PAYMENT
Inclusive Sport SA will provide you with a tax receipt for any purchase of the Orders from the Website (Invoice).
Acceptable payment methods for any purchase of the Orders include all major credit cards and/or electronic bank transfer through the accepted payment portals specified on the Website, unless otherwise agreed with Inclusive Sport SA. Payment will be made in full on completion and processing of the Orders by Inclusive Sport SA.
Orders purchased will not be delivered (to the extent applicable) until such time as full and complete payment for the Orders has been received by Inclusive Sport SA.
In the event of a default by you in respect of any Orders, Inclusive Sport SA reserves its right to terminate the proposed transaction, and suspend and cancel any delivery of the Orders to you (to the extent applicable).
DELIVERY
When making an Order from Inclusive Sport SA, you may be required to provide to Inclusive Sport SA a digital delivery address (such as an email address) or physical delivery address (such as a residential address) to receive the Order (depending on the nature of the Order) (Delivery Address). Inclusive Sport SA will deliver the Order to the Delivery Address as soon as possible. Inclusive Sport SA will not be liable for any loss or failure of delivery of your Orders due to any act or omissions on your part, including, but not limited to, the incorrect Delivery Address being provided to Inclusive Sport SA (whether a digital or physical delivery address was provided). In this regard, Inclusive Sport SA will not be liable for any replacement of the Orders.
Inclusive Sport SA will not be liable or otherwise responsible for any failure of delivery, shortage, defect or damage or related direct, indirect, special or consequential losses, damages, liabilities, costs or expenses sustained by you or any other party of any delivery issues, losses or defects of delivery of the Order to your Delivery Address.
In the event however that your delivery of the Order is lost or fails to be delivered (that is not the result of any act or omission on your part), Inclusive Sport SA will use reasonable endeavours to recover the Orders and (at its discretion) may agree to provide you with replacement Orders. The postage fee (if applicable) for the delivery of any such replacement Orders must still be paid by you prior to the replacement Orders being delivered to you.
You are liable to pay for the shipping and delivery costs by cleared funds.
REFUNDS AND RETURNS
Inclusive Sport SA does not permit returns on Orders unless those Orders are no longer valid (provided that those Orders are not invalid as a consequence of any acts or omissions on your part, as determined at our discretion). For the avoidance of any doubt, Inclusive Sport SA will not permit returns of any kind where you have changed your mind, or you no longer desire to purchase, or have made an error in purchasing, the Orders. Notwithstanding the foregoing, Inclusive Sport SA reserves the right to refuse any return at their sole and exclusive discretion.
PROMOTIONAL CODES
Inclusive Sport SA may offer to you a promotional code (Promo Code), for the purposes of reducing the cost of the Orders from Inclusive Sport SA, subject in all respects to any terms or conditions determined in Inclusive Sport SA’s sole and exclusive discretion. The Promo Code can only be used by you once per promotion (notwithstanding the number of separate transactions by you).
Inclusive Sport SA reserves the right to cancel, modify, deactivate or refuse the use of the Promo Code, at any time for any reason, in their sole and exclusive discretion.
Inclusive Sport SA makes no representations, promises or guarantees with respect to the Promo Codes, and you forever release and hold harmless Inclusive Sport SA from any liability with respect to the Promo Codes.
GST
Unless otherwise expressly stated, the price and any other sums payable for any Orders is inclusive of GST.
Given GST is payable by you for any Orders under these Terms and Conditions, you agree to pay to Inclusive Sport SA an additional amount that is equal to the amount payable by Inclusive Sport SA for the relevant supply multiplied by the prevailing GST rate. This additional amount is payable at the same as the purchase price for the relevant supply to which the additional amount rates.
In the event of a taxable supply, Inclusive Sport SA will ensure any such supply is provided for in any Invoice provided to you.
CREDIT CARD AUTHORISATION
By providing us with your credit card details through the payment method and payment portals accepted by us (and listed on the Website), you acknowledge and accept that you will be charged by Inclusive Sport SA for any Orders you have selected (through the relevant payment portal and using the specified payment method). If you believe that you were incorrectly charged, please contact us immediately. Please note that we will only store and hold your credit card details in accordance with our Privacy Policy. If we cannot charge your credit card, you will receive notification from us and you will need to contact us to resolve the issue. We will not attempt to recharge your credit card until the issue has been resolved.
The first charge will occur when you place the Order. If the charging falls due on a non-business day, it will be charged from your credit card account however your Order will not be dispatched until the next business day.
EDUCATIONAL COURSES
Educational courses may be provided to you through the Website from time to time at the sole and exclusive discretion of Inclusive Sport SA (Educational Courses).
To the extent you are provided access by Inclusive Sport SA to the Educational Courses, you acknowledge and understand that:
- the right of access to those Educational Courses (i.e. a type of Order) from a transactional standpoint (i.e. payment of consideration) is governed by these Terms and Conditions (and any other terms specified by Inclusive Sport SA at their discretion); and
- your eligibility and right of participation (i.e. criteria to participate in those Education Courses) as well as any compliance requirement to, maintain participation in, or complete, those Educational Courses, varies from course to course, and will be listed on the Website at the webpage associated with that Educational Course (Course Terms), provided that:
- (i) to the extent of any inconsistency between the Course Terms, and these Terms and Conditions, these Terms and Conditions shall prevail; and
- (ii) Inclusive Sport SA has the sole and exclusive discretion to proscribe any terms and conditions in relation to those Educational Courses (separate from the Course Terms and these Terms and Conditions), at any time, for any reason, notwithstanding any term of the Course Terms and the Terms and Conditions.
CLUB LOCATOR TOOL
From time to time you may submit certain information to us through the Website, which may include, personal names, and email, telephone, address and other organisational details (Club Locator Information), which will be displayed on the “Club Locator Tool” on the Website.
In submitting the Club Locator Information to us through the Website, you:
- warrant and undertake that:
- the Club Locator Information is correct and up-to-date;
- you will notify us immediately after the Club Locator Information (that was previously provided to us) is no longer up-to-date; and
- you own, or have procured the express written permission of the owner of the Club Locator Information to provide to us, the Club Locator Information.
- consent to us displaying, or have procured the express written permission of the owner of that Club Locator Information for us to display, the Club Locator Information on the Website.
The Club Locator Information will be stored, used, and dealt with by, Inclusive Sport SA strictly in accordance with the Privacy Policy.
ACCESSIBILITY
Inclusive Sport SA uses its best endeavours to ensure this Website conforms with the Web Content Accessibility Guidelines (WCAG) 2.0 and Website Accessibility Conformance Evaluation Methodology (WCAG-EM) 1.0 to a Level AA standard (Guidelines).
This Website also incorporates plugins to assist individuals living with impairments in their vision to use and access this Website (Accessibility Plugins).
In using this Website, you acknowledge and understand that:
- while we have used our best endeavours to ensure this Website complies with the Guidelines, there are times when the content on our Website is not compliant with the Guidelines;
- you forever discharge and release us, and hold us harmless, from any liability to the extent the Website is not compliant with the Guidelines;
- the use of this Website with the Accessibility Plugins is done at your sole and exclusive risk;
- you may be required to observe and adhere to the terms and conditions of the Accessibility Plugins (separate from these Terms and Conditions) (Accessibility Terms); and
- we are not responsible for your use or misuse of the Accessibility Plugins (or breach of the Accessibility Terms), at any time, for any reason.
Should you have any concerns regarding the accessibility of our Website, or our compliance with any content on the Website with the Guidelines, you should notify us using the contact details in these Terms and Conditions.
TERMINATION
Notwithstanding any of these terms of use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website for any reason or no reason. Upon termination, these terms of use will still apply.
MATTER YOU MAY SUBMIT TO THE COMPANY
From time to time Inclusive Sport SA may make available on the Website, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, Inclusive Sport SA welcomes your comments regarding our Website, and Services. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Inclusive Sport SA must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, offensive or unlawful material.
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Inclusive Sport SA will become, upon your submission, the sole and exclusive property of Inclusive Sport SA. Inclusive Sport SA shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Website, you are agreeing and you do agree that Inclusive Sport SA has the right to use such material in any way, including as outlined above and for promotional and advertising purposes, without compensation of any kind to you. If you choose to send material to us, you are forever assigning all rights in such original creative materials to Inclusive Sport SA. By submitting any materials of any kind to Inclusive Sport SA, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to Inclusive Sport SA does not and will not violate or infringe the rights of any third-parties.
Inclusive Sport SA has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, Inclusive Sport SA reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by Inclusive Sport SA necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children.
Inclusive Sport SA does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorised company spokespersons, and their views do not necessarily reflect those of Inclusive Sport SA.
Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except where otherwise stated in the Inclusive Sport SA Privacy Policy. Anything you transmit or post may be used by Inclusive Sport SA or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Inclusive Sport SA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing services using such information.
CHILDREN
This Website is designed for and intended for individuals aged 16 and above (unless otherwise indicated). If you are under 16 you may use this Website and/or make Orders only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Website and/or making of any Orders by children, minors and others under your care. You agree to be responsible for their use of this Website and/or the making of any Orders, and consent to both these Terms and Conditions, and the Privacy Policy. Any Orders are only available for sale to individuals who can enter into legally binding contracts. By placing any Orders you are verifying to Inclusive Sport SA that you are able to make a legally binding contract.
WARRANTIES
http://www.inclusivesportsa.com.au is the generic URL for the country specific to Inclusive Sport SA.
This Website is provided “as is” and Inclusive Sport SA excludes all warranties of any kind to the fullest extent permissible by law. Inclusive Sport SA does not guarantee the accuracy or completeness of the Website, or any information or content on the Website, or that the Website are free of defects or viruses and we accept no responsibility for viruses and defects.
It may be necessary to interrupt the services provided on Inclusive Sport SA’s Website in order to upgrade or maintain them, or for other circumstances beyond Inclusive Sport SA’s control. Should Inclusive Sport SA need to interrupt the availability of the Website and/or Services, Inclusive Sport SA will use its reasonable endeavours to minimise any interruption to the services.
Except to the extent that liability may not lawfully be excluded, Inclusive Sport SA will not be under any liability to you (or any of your officers, agents or employees) for:
- any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from or in connection with your use of this Website or Services, or your use of or reliance upon any of the information, Materials contained on the Website, or provided by the Inclusive Sport SA to you; or
- any cost, loss, liability or expense arising from death, personal injury or property damage resulting directly or indirectly from your use of the Website or Services; or
- any failure by Inclusive Sport SA to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to you in writing.
Further, where the law implies a warranty into these Terms and Conditions, which may not be lawfully excluded, Inclusive Sport SA’s liability for breach of such a warranty shall be limited at its option in the case of the Services to either supplying the services again or for an amount equal to having the Services supplied again.
You agree that this Website is provided free of charge. Inclusive Sport SA shall not be liable to you or any person for any loss or damage of any kind which may arise from the use of this Website. Inclusive Sport SA may from time to time, publish links to other third-party websites on this Website. Contents, hyperlinks or information held on other sites is not the responsibility of Inclusive Sport SA. Inclusive Sport SA shall not be held liable for any information held on websites which may have links to or from this Website, and which are not maintained and controlled by Inclusive Sport SA. Inclusive Sport SA does not endorse any material on those websites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of material on those websites, nor does Inclusive Sport SA warrant that material on other websites does not infringe the intellectual property rights of any other person.By using this Website and/or accessing the Services, you consent to the Terms and Conditions, Privacy Policy and disclaimers, as defined by Inclusive Sport SA.
Inclusive Sport SA’s aggregate liability to you for any other losses resulting from use of this Website and/or Services is limited to the nominal amount of $1AUD.
Your use of any Materials or information provided on this Website and/or Services is entirely at your own risk. We assume no duty of care to you with respect to this Website and/or the use of the Services.
The provision of information by you is strictly and solely your responsibility and will be relied upon by Inclusive Sport SA in relation to the Website and/or Services.
INDEMNITY
You agree to defend, indemnify and hold harmless Inclusive Sport SA, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, arising in connection with your use of the Website and/or Services or your breach of any of these Terms and Conditions.
APPLICABLE LAW
By accessing, browsing or using this Website and/or the Services, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and Inclusive Sport SA or its related companies. Regardless of where you access this Website and/or the Services, you agree that any action at law or in equity arising out of or relating to these terms of use shall be filed and adjudicated only in the federal or state courts located in Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and Inclusive Sport SA or any of its related companies.
ENTIRE AGREEMENT
These terms of use constitute the entire agreement between you and Inclusive Sport SA with respect to this Website, and/or Services and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website and/or Services. A printed version of these terms of use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms of use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. The rights provided in these terms of use are cumulative and not exclusive of any other rights available in any other instrument or at law. These terms of use are in addition to and are not prejudiced by or merged in any right a party now has or may have. If any of these terms of use are illegal, void or unenforceable, they will be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining terms of use. Failure to exercise or delay in exercising, any right, power or remedy does not impair or operate as a waiver of any right, power or remedy. No single or partial exercise of any right, power or remedy precludes its further exercise or the exercise of any other rights, powers or remedies. Any waiver is effective only to the extent that it is in writing.
VARIATION
These Terms and Conditions can only be amended or varied by Inclusive Sport SA at its own discretion and may not be amended or varied in any other manner.
ASSIGNMENT
Inclusive Sport SA may assign or transfer its rights or obligations under these Terms and Conditions at its own discretion.
You are unable to assign any of your rights in these Terms and Conditions without the prior written permission of Inclusive Sport SA.
SEVERANCE
If any part of these Terms and Conditions is prohibited, invalid, unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms and Conditions or effecting the validity or enforceability of that provision in any other jurisdiction.
CONTACT US
If you have any questions or suggestions regarding these Terms and Conditions, please contact us at:
Inclusive Sport SA Incorporated
Address: Thebarton Oval, 1a Meyer St, Torrensville SA 5031
Phone: (08) 8122 6730
Online form: http://www.inclusivesportsa.com.au/contact/
Download a copy of the Inclusive Sport SA Terms and Conditions.