Headis Australia Terms and Conditions

 

Last updated: 12 February 2018

 

Straya Sports Pty Ltd (“us”, “we”, or “our”) operates Headis Australia and the domain http://www.headis.com.au (the “Site”). This page informs you of our terms and conditions regarding the use of the Site.

 

Introduction

 

These terms and conditions govern your use of this Site and by using this Site, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Site.

 

This Site uses cookies.  By using this Site and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

 

License to use Site

 

Unless otherwise stated, we and/or its licensors own the intellectual property rights in the Site and material on the Site.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

 

  • republish material from this Site (including republication on another Site);
  • sell, rent or sub-license material from the Site;
  • show any material from the Site in public;
  • reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose;
  • edit or otherwise modify any material on the Site; or
  • redistribute material from this Site except for content specifically and expressly made available for redistribution.

 

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

 

Acceptable use

 

You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not submit, upload, post or transmit material to, on or through the Site that:  

  • is offensive, unlawful, defamatory, false or misleading, discriminatory, pornographic, sexually explicit, unsuitable for minors or of an abusive, violent, obscene, offensive or menacing nature;
  • is racist or hateful or promotes racism or hatred towards another person or group of persons
  • contains swear words or excessive violence;
  • is reasonably likely to offend another user

You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Site without our express written consent.

 

You must not use this Site to transmit or send unsolicited commercial communications.

 

You must not use this Site for any purposes related to marketing without our express written consent.

 

Restricted access

 

Access to certain areas of this Site is restricted.  We reserve the right to restrict access to areas of this Site, or indeed this entire Site, at our discretion.

 

If we provide you with a user ID and password to enable you to access restricted areas of this Site or other content or services, you must ensure that the user ID and password are kept confidential. 

 

We may disable your user ID and password in our sole discretion without notice or explanation.

 

User content

 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Site, for whatever purpose.

 

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). 

 

You must not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

We reserve the right to edit or remove any material submitted to this Site, or stored on our servers, or hosted or published upon this Site.

 

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this Site.

 

No warranties

 

This Site is provided “as is” without any representations or warranties, express or implied.  We make no representations or warranties in relation to this Site or the information and materials provided on this Site. 

 

Without prejudice to the generality of the foregoing paragraph, we does not warrant that:

 

  • this Site will be constantly available, or available at all; or
  • the information on this Site is complete, true, accurate or non-misleading.

 

Nothing on this Site constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

 

Limitations of liability

 

We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Site:

 

  • to the extent that the Site is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if we has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this Site disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Site disclaimer will exclude or limit our liability in respect of any:

 

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation on the part of us; or
  • matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this Site, you agree that the exclusions and limitations of liability set out in this Site disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this Site.

 

Other parties

 

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Site.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Site disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Straya Sports Pty Ltd.

 

Unenforceable provisions

 

If any provision of this Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Site disclaimer.

 

Indemnity

 

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

 

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.

 

Variation

 

We may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this Site from the date of the publication of the revised terms and conditions on this Site.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

 

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

 

These terms and conditions constitute the entire agreement between you and us in relation to your use of this Site, and supersede all previous agreements in respect of your use of this Site.

 

Law and jurisdiction

 

These terms and conditions will be governed by and construed in accordance with Australian Law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New South Wales.

 

Legal Notice

 

Strata Sports Pty Ltd is the master franchisee for the sport of Headis in Australia and New Zealand.

 Straya Sports Pty Ltd is the registered business name holder for Headis Australia with ABN 95 921 122 537.

 You can contact Headis Australia by email to info@headis.com.au

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