Inclusive Sport SA operates and provides this Website and its related Services subject to the following Terms and Conditions of use of 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:
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.
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.
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.
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.
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.
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.
From time to time, Inclusive Sport SA may offer for sale:
(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.
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).
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.
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.
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.
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.
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 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:
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:
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:
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.