These are the terms (the Terms) on which ClubData provides access to this http://www.clubdata.com.au website (the Website), which includes any online functionality, products, services, including applications made available through it or any variation thereof or any sub-domains of the clubdata.info domains. If you do not agree to these Terms, you are NOT AUTHORISED TO USE OR ACCESS the Website or any of its associated applications.
References to these Terms include all terms and conditions set out in this document and in each Order Form or Software End User License Agreement, and includes any amendments made to these Terms from time to time.
By using or accessing any part of the Website or its contents, you acknowledge that you have read, understood and agree to be bound by these Terms.
You agree and acknowledges that the ideas and expressions contained in the Website and any modifications or particulars of them that may be provided to you by the Company are protected by copyright. Material (including artwork and written material) may not be copied, reproduced, sold, published, distributed, or otherwise used except with express written consent from the Company or as permitted by relevant copyright legislation.
Registered and unregistered trademarks may not be used or modified without express written consent from the Company.
All intellectual property remains the property of the Company at all times.
Intellectual Property Rights
For the purposes of these Terms, the term "Intellectual Property Rights" means all copyright, patents, registered and unregistered design rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, database rights, rights to confidentiality and other intellectual and industrial property rights in all parts of the world.
You agree and acknowledges that in using the Website or by using or licensing any of the Company software applications you obtain no Intellectual Property Rights whatsoever in the Website or any of the material, software, or applications provided or made available on the Website or any associated documentation.
Any and all Intellectual Property Rights that subsist in the Website (and its content and associated software applications) vest in the Company.
Personal information provided to the Company via the Website will be handled in accordance with the following conditions.
Personal information will not be stored without your consent. Any information collected by the Company will be primarily for the purpose of providing product information. By providing your personal details you agree and consent to the Company using your information for this purpose. You also agree and consent to the using or disclosure of your information to further develop and identify products that may be of interest to you, and the provision of this product information when it is available.
NO PERSONAL INFORMATION WILL BE GIVEN TO, SOLD TO, OR SHARED WITH THIRD PARTIES.
Personal Information is stored in secure, encrypted, and password protected software systems with restricted access. Subject to the provisions of the Privacy Act 1988, you may access your information at any time by contacting the Company. Steps will be taken to update any information that is not correct and accurate.
Linking to this website is permitted, however framing the Website is not permitted without the Company's express written permission.
The content of the Website, including these Terms are subject to change at anytime without notice. Use of the Website is provided for the sole purpose of providing product information and should You wish to do so, facilitating Your use of ClubData software applications.
Warranty, Refunds & Returns
You agree and acknowledge that the Website has not been designed to meet your individual requirements and is provided on an "AS IS" basis and that your use of the site is at your own risk.
Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy which is conferred by the Trade Practices Act 1974 (Cth) or any other consumer protection legislation that cannot be excluded by mutual agreement (the Acts).
Where the Company breaches a condition or warranty which has been implied by the Acts, its liability for breach will be limited to (where permissible by the Acts):
(a) in the case of the supply of goods:
(i) replacement of the goods;
(ii) supply of equivalent goods; or
(iii) repair of the goods; and
(b) in the case of the provision of services:
(i) the supplying of the services again; or
(ii) payment of the cost of having the services supplied again, whichever the Company sees fit to provide.
A failure of any part or the whole of the Website to suit your requirements will not give rise to any right or claim against the Company.
You agree to fully indemnify and keep indemnified the Company in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) any breach of these Terms;
(b) your use of the Website; or
(c) claims made by third parties against the Company arising from the your use of the Website, however those claims arise.
UNLESS THESE TERMS EXPRESSLY PROVIDE OTHERWISE:
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED CONDITIONS, WARRANTIES OR LIABILITIES (INCLUDING LIABILITY AS TO NEGLIGENCE) REGARDING THE CONDITION, ACCURACY, SUITABILITY, QUALITY OR TITLE TO ClubData Software, OR THE Website (INCLUDING ANY APPLICATIONS THAT MAY BE ACCESSIBLE AND ANY DATA CONTAINED, SUPPLIED, GENERATED OR PRODUCED BY OR WITH THE AID OF IT) ARE NEGATED AND EXCLUDED; AND
(b) THE COMPANY GIVES NO CONDITION, WARRANTY, UNDERTAKING OR REPRESENTATION IN RELATION TO THE CONDITION, ACCURACY, SUITABILITY, QUALITY OF OR TITLE TO ClubData, OR THE Website (INCLUDING ANY APPLICATIONS THAT MAY BE ACCESSIBLE AND ANY DATA CONTAINED, SUPPLIED GENERATED OR PRODUCED BY OR WITH THE AID OF IT).
THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFIT OR REVENUE, EXEMPLARY DAMAGES, LOSS OF GOODWILL, DELETION OR CORRUPTION OF ELECTRONICALLY OR DIGITALLY STORED INFORMATION, OR WITHOUT LIMITING THE FOREGOING, ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER DESCRIBED OR CLAIMED EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
These Terms are governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the Courts of Victoria, Australia and the Commonwealth of Australia.