Terms of use2017-07-28T05:25:04+00:00

Terms of
use

1. OWNERSHIP OF SITE AND TERMS OF USE
(a) These Terms and Conditions of Use (“the Terms of Use”) apply to the website located at www.sportproducts.com.au (“the Site”), registered to Sport Products (Australia) Pty Ltd (“Sport Products”). The Site is the property of Sport Products. By using the Site, you agree to these Terms of Use. If you do not agree, do not use this Site.
(b) Sport Products reserves the right to change, modify, add or remove portions of these Terms of Use at any time. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

2. CONTENT
(a) All text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork and computer code (collectively “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content contained on the Site is owned, controlled or licensed by or to Sport Products.
(b) Except as expressly provided for in these Terms of Use, no part of the Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without Sport Products’ express prior written consent.

3. YOUR USE OF THE SITE
You:
(a) May not use any automatic device, program, or methodology or similar or equivalent manual process to assess, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information available through the Site.
(b) Agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site.
(c) May not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Sport Products or others.

4. SPORT PRODUCTS OBLIGATIONS
(a) Sport Products’ obligations, if any, with regard to its products and all services are governed solely by agreements pursuant to which they are provided, and nothing on this Site should be construed to alter those agreements.
(b) Sport Products may change any products offered on the Site or to the applicable prices for any products at any time, without notice.
(c) The materials on the Site with respect to the products may be out of date, and Sport Products makes no commitment to update the materials on the Site with respect to those products.

5. INTELLECTUAL PROPERTY
(a) Sport Products is the owner of Intellectual Property including but not limited to trade marks, patents, designs, copyright, know-how, confidential information, whether registered or unregistered.

6. COPYRIGHT
(a) All Content on this Site is owned by Sport Products.
(b) We grant you a worldwide non-exclusive royalty free licence to:
(i) View this Site and the Content on this Site on a computer or mobile device via web browser;
(ii) Copy and store this Site and the Content on this Site in your web browser chache memory; and
(iii) Print pages from this website for your own personal and noncommercial use.
(c) You must not in any way or form, use or copy and store Content from this Site for commercial purposes. Sport Products will enforce its rights against any prohibited use by You, vigorously.
(d) Sport Products reserves all other rights.
(e) You may request permission to use the copyright Content on this Site by writing to info@sportproducts.com.au or 10 Enmore Street, North Geelong,
Victoria 3215 Australia.

7. TRADE MARKS
(a) Sport Products is the registered proprietor of various trade marks including ALINE, ALINE (Logo), SHAPE Device in Australia and other jurisdictions around the world.
(b) You agree and acknowledged the validity of value of Sport Products’ Trade Marks and undertake not to directly or indirectly take any action, or assist any person to take any action which would or might:
(i) Invalidate or put in dispute Sport Products’ title for the Trade Marks;
(ii) Detract from the value of the Trade Marks;
(iii) Oppose any application for registration or invalidate any registration of any Trade Marks in the name of Sport Products;
(iv) If the Trade Mark is or becomes registered, support an application to remove the Trade Mark as a registered Trade Mark.
(v) You agree not to register, attempt to register or use any Trade Mark which is, substantially identical with or deceptively similar to Sport
Products Trade Marks; or
(vi) Register, attempt to register or use any intellectual property rights
which is substantial identical or deceptively similar to Sport Products
Trade Marks.

8. ENFORCEMENT
(a) Sport Products takes the protection of its intellectual property very seriously.
(b) If we discover that you have used our intellectual property including any trade marks, copyright, patents or any other intellectual property, we may bring legal proceedings against you seeking monetary damages and an injunction to stop you using the intellectual property. You may also be ordered to pay our legal costs.
(c) If you become aware of any use of our intellectual property that contravenes or may contravene the Terms of Use, please report this by email to
info@sportproducts.com.au or by post to 10 Enmore Street, North Geelong, Victoria 3215 Australia.
(d) If you become aware of any material on our Site that you believe infringes your or any other person’s intellectual property, please report this by email to info@sportproducts.com.au or by post to 10 Enmore Street, North Geelong, Victoria 3215 Australia.

9. PRIVACY
Sport Products Privacy Policy applies to use of the Site, and its terms are made a part of these Terms of Use by this reference. To view Sport Products Privacy Policy click here. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be readable or incepted by others.

10. LINKS TO OTHER SITES AND TO THE SPORT PRODUCTS SITE
This Site may contain links to other independent third party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. These Linked Sites are not under Sport Products’ control, and Sport Products is not responsible for, and does not endorse the content of these Linked Sites, including any information or material contained on those Linked Sites. You will need to make your own independent judgement regarding your interaction with these Linked Sites.

11. DISCLAIMERS
(a) Sport Products does not promise that the Site or any content or feature of the Site will be error free or uninterrupted, or that any defects will be corrected, or that your use or the Site will provide specific results.
(b) The Site and its content are delivered on an “as is” and “as available” basis. All information provided on the Site is subject to change without notice.
(c) Sport Products cannot ensure that any file or other data from the Site will be free of viruses or contamination or destructive features.
(d) To the maximum extent permitted by law, Sport Products, excludes all representations, warranties and conditions relating to this Site and the use of this Site including without limitation any warranties implied by law of a satisfactory quality, fitness for purpose and for the use of reasonable care and skill.

12. LIMITATIONS AND EXCLUSIONS OF LIABILITY
(a) Nothing in these Terms of Use will:
(i) Limit or exclude Sport Products or your liability for death or personal injury resulting from negligence;
(ii) Limit or exclude Sport Products’ your liability for fraud or fraudulent misrepresentation;
(iii) Limit any of Sport Products’ or your liabilities in any way that it is not permitted under applicable law;
(iv) Exclude any of our or your liabilities that may not be excluded under applicable law.
(b) The limitations and exclusions of liabilities set out in this section and elsewhere in these Terms of Use are subject to the proceeding paragraphs:
(i) Govern all liabilities that arising out of these Terms of Use in relation to this subject matter including by not limited to liabilities arising in contract, tort (including negligence) and for breach of statutory duties.
(ii) To the extent that the Site and the Content on the Site are provided free of charge, Sport Products will not be liable for any loss or damage
of any nature.
(iii) Sport Products will not liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
(iv) Sport Products will not be liable to you in respect of any business losses, including by without limitation to loss of or damage to profits,
income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(v) Sport Products will not be liable to you in respect of any loss or corruption of any data, database or software.
(vi) Sport Products will not be liable to you in respect of any special, indirect or consequential loss or damage.

13. INDEMNITY
You agree to indemnify and hold Sport Products it’s officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including solicitor fees), made against Sport Products by any third party due to or arising out of in connection with your use of the Site.

14. VARIATION
Sport Products may revise these Terms of Use from time to time. Revised Terms of Use will apply to the use of this Site from the date of publication of the revised Terms of Use on our website. Please check this page regularly to ensure you are familiar with the current version.

15. ENTIRE AGREMENT
The Terms of Use together with our Privacy Policy, constitute the entire agreement between Sport Products and you in relation to your use of the Sites and supersede all previous agreements in respect of your use of the Site.

16. LAW AND JURISDICTION
These Terms of Use will be governed by and construed in accordance with the Laws of the State of Victoria and any disputes relating to these Terms of Use will be subject to the non-exclusive jurisdiction of the Courts of that State and the Commonwealth of Australia.

17. OUR DETAILS
This Site is registered to Sport Products (Australia) Pty Ltd ACN 059 488 783. Our registered address is 10 Enmore Street, North Geelong Victoria 3215. You can contact us by email at info@sportproducts.com.au.

18. FEED BACK AND INFORMATION
Any feedback you provide at the Site is deemed to be non-confidential. Sport Products is free to use this information on an unrestricted basis.