WEBSITE AND END-USER TERMS & CONDITIONS
INFORMATION ABOUT US
www.sportsgrab.com.au is a site operated by Nackage Online Pty Ltd (we). We are registered in Australia under company number 153 499 560.
ACCESS AND SUBSCRIPTION
Access to our site is permitted on a temporary basis. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Access to subscriber only pages of our site is only available to current, approved and registered subscribers only. Acceptance of such subscription is at our absolute discretion.
In the process of activating your account to become a registered subscriber, you must provide personal information such as your name, address and an email address. You agree to provide accurate and complete information and to keep us updated of any changes thereto.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights (including, without limitation, trade marks and copyright) in our site, and in the material published on it (including, without limitation, its look and feel, brands, logos and trade marks, information, graphics, photographs, content, images, sounds, music, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
COUPONS AND ORDERS
In subscribing to our site, you will have access to invitations to special deals (Sports Grab) provided by third party suppliers (Sports Grab Vendors) as well as Sports Grab directly. Access to information on Sports Grab via our site does not constitute an offer to sell. It is an invitation to treat by the Sports Grab Vendors only.
Unless otherwise agreed in writing, all payments for Coupons must be received by us and cleared in full prior to a Coupon being issued, and you should read the “Payment” section of our site for further details. We will deliver Coupons to you to the email address notified by you in your account details and it is your responsibility to ensure such email address is active, valid and current. We will not be responsible if the Coupon is not received by you for any reason.
Coupons are subject to stock availability. Coupons are non-redeemable for cash and non-transferable and will expire 12 months after the date of issue of the Coupon unless otherwise specified. Coupons cannot be redeemed cumulatively unless explicitly agreed by us. We shall not be liable for any misplaced, lost or stolen Coupons or fraudulent use of any Coupon’s barcode.
Except as required by law, you will not be entitled to a refund if you simply change your mind or make a wrong decision.
THIRD PARTY SUPPLIERS OF PRODUCTS AND SERVICES
Notwithstanding any agreement to issue you with a Coupon, such Coupon is only redeemable for the specified product or service from the relevant Sports Grab Vendor. Accordingly:
• Your contract for the supply of the product or service (the subject of the Coupon) shall be between you and the relevant Sports Grab Vendor and only Sports Grab directly where it is explicitly stated on the website.
• The relevant Sports Grab Vendor is the seller or provider of the product or service and it shall be solely responsible for honouring the Coupon and any booking times (not us).
• Provision of the product or service by the Sports Grab Vendor shall be subject to availability of the product/service and booking time (where relevant).
• You should carefully review the terms and conditions and privacy policies of such Sports Grab Vendor as this will govern your purchase, booking, use or cancellation of the product or service.
• We make no warranty about the standard or quality of any product or service the subject of a Sports Grab.
Our site is merely a portal site: (a) providing users with the facility to purchase products/services from Sports Grab and third parties, as well as providing access to special promotions provided by third parties; and (b) offering Coupons for such products/services which may be redeemed with the relevant Sports Grab Vendor.
RELIANCE ON INFORMATION POSTED
Commentary, specifications and other materials posted on, or via, our site are not intended to amount to advice on which reliance should be placed nor do they reflect our views or opinions. We disclaim all liability and responsibility arising from any reliance placed on such commentary, specifications and materials and any products or services, such as Sports Grab, acquired via our site (directly or indirectly) by any visitor or subscriber to our site, or by anyone who may be informed of any of its contents and we make no representations or warranties that use of such materials, products or services will not infringe intellectual property rights of any third parties.
The material, content, descriptions, quality and specifications displayed on our site, and any links, products or services, such as Sports Grab (third party or otherwise) provided therefrom (directly or indirectly), may be based on information provided by third party suppliers and is provided without any guarantees, conditions or warranties as to its accuracy, completeness, reliability, currency or fitness for purposes. To the extent permitted by law, we, our directors and employees, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site, products or services (such as Sports Grab) provided therefrom (directly or indirectly) or in connection with the use, inability to use, or results of the use of our site or Coupons, any websites linked to it and any materials posted on or via it, and any third party (such as Sports Grab Vendors) including, without limitation any liability for:
• loss of income or revenue;
• loss or interruption of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction and in the case of Australia to the extent permitted by the Trade Practices Act 1974 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in its sole discretion:
• in the case of any goods supplied by us, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
• in the case of any services provided by us, the supply of the services again or the payment of the cost of having the services supplied again.
Notwithstanding the above, you recognise that your contract for the supply of the product or service (the subject of the Coupon) shall be between you and the relevant Sports Grab Vendor (and not us).
Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed one thousand dollars (AUD$1,000.00).
You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our site, your subscription with us, or any other products or services accessed via our site (such as Sports Grab).
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change content, specifications, prices or functionality at any time. If the need arises, we may suspend access to our site (including terminating your subscription account or restricting access), or close our site or your account indefinitely. We will not be liable to you or anyone else for doing so. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
LINKING TO OUR SITE
You may link to our home page, provided you obtain our written consent us and you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
THIRD PARTY LINKS AND CONTENT
Where our site contains links or references to other sites, products, services and resources provided by third parties (such as Sports Grab) and/or Coupons redeemable by third parties (such as Sports Grab Vendors), these links, references and Coupons are provided solely for your information and convenience only. We have no control over the contents of those sites, products, services, resources or Coupons, and we accept no responsibility, nor provide any warranty for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).
Your linking to or from, or use of, these sites, products, services, resources and Coupons, and permission for us to promote your products or services (such as by way of a Sports Grab), is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites or businesses that you visit or use, including the websites and businesses of the Sports Grab Vendors. Links or other connections to these sites, products, services, resources and third parties do not imply any endorsement of the material on them or the products/services the subject of the Sports Grab, or any association with their owners, operators and advertising material. We will merely facilitate and introduce you to the Sports Grab Vendors and accordingly we will not be responsible, nor liable, for any activity or transaction between you and any third party providers of products and services, such as Sports Grab Vendors (whether the subject of your Coupons or otherwise).
You must make your own enquiries with the relevant Sports Grab Vendors direct before relying on any third party information or entering into a transaction in relation to the third party products and services the subject of the Sports Grab. You should check with the Sports Grab Vendor whether there are additional charges and terms which may apply. We may receive fees and/or commissions from the Sports Grab Vendors for goods and services of such third parties displayed or made available on our site or accessible through a hyperlink on our site or otherwise and you acknowledge and consent to us receiving same.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. We always recommend all users of Internet ensure they have up to date virus checking software installed.
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
JURISDICTION AND APPLICABLE LAW
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org
Thank you for visiting our site.