Legal

Terms Of Use

In this policy, “us”, “we”, or “our” means Bargara Triathlon Club INC, operators of this website. These terms of use govern your use of and access to this website.

We may change part or all of the Terms at any time. The most current Terms will always be posted on the website. Your subsequent or continued use of this website will constitute your acceptance of any changes made to these terms. If you object to any of the terms in this document, or to any changes made to them, your only remedy is to immediately cease use of and access to this website.

These terms were last updated on 22nd August, 2012.

General Terms

1. JURISDICTION

These terms shall be construed in accordance with and governed by the laws of Queensland, Australia. You consent to the exclusive jurisdiction of the courts in Queensland to determine any matter or dispute which arises under these terms.

2. ACCESS

While we make every reasonable effort to ensure that the website is available and fully operational at all times, we do not make any representation or warranty that your access will be uninterrupted or error free. Your access to this website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any feature or service on the site at any time without notice.

We reserve the right to terminate your access to this website and prevent further access without warning or notice in response to breaches of this policy by yourself, breaches of any applicable laws, or suspicious activity.

3. CONDUCT

You must not use, or attempt to use this website:

  •     in breach of any applicable laws of the State of Queensland, Commonwealth of Australia, or local laws in your jurisdiction
  •     to impersonate any person or entity
  •     to solicit money, passwords, personal information or other property from any person or entity
  •     to harm, abuse, harass, threaten, stalk, intimidate or offend any person or entity
  •     to publish or facilitate publication of personal information of a third party without their consent
  •     to publish or facilitate publication of material for which you do not have ownership, title, or consent from the owner or title holder to do so
  •     to publish or facilitate publication of pornographic or offensive material
  •     to publish or facilitate publication of material including viruses or other computer code, files, or programs designed to interrupt or damage the functionality of computer software or hardware
  •     to publish or facilitate publication of advertising material for yourself or any other party without our express consent to do so

Breaching of these rules of conduct may result in termination of your access to this website and prevention of further access without warning or notice.

4. PRIVACY

Please review our Privacy Policy, which also governs your visit to this website, to understand our practices.

5. COPYRIGHT

Except where expressly provided to the contrary by these terms, you do not have any right, title or interest in or to any proprietary rights relating to the website.

This website may contain material that is protected by copyright, trade mark, and other laws. Except where expressly provided to the contrary, you may only reproduce and distribute the material on the website for your own personal, non-commercial use. Material published on or sourced from this website must not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without our prior written consent, with the following exceptions:

  •     Where such use, reproduction, etc, constitutes Fair Use under the Copyright Act
  •     Where such use, reproduction, etc, is undertaken by normal processes on your computer only (such as your web browser’s cache).

6. THIRD PARTIES

Certain areas of this website may contain links to external websites. These external websites do not form part of this website and are not within our control. We do not accept any responsibility for the contents of any third party website.

Certain areas of this website may display third party advertising. Our display of this advertising should not be construed in any way as an endorsement or recommendation of the advertising network, advertiser, or their products or services.

Certain areas of this website may provide the ability to contact third parties. If you contact any third party as a consequence of visiting this website, we do not accept any responsibility for any communications or activity (including but not limited to business transactions) between yourself and the third party.

7. LIMITATION OF LIABILITY

Your use of this website is undertaken at your own risk.

To the extent permitted under the Trade Practices Act 1974 and other relevant legislation, this website and all information, content, materials, products and services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise specified. We make no representations or warranties of any kind, express or implied, as to the accuracy of information on this website.

By continued use of this website, you agree that we will not be held liable for any damages of any kind arising from the use of this website or from any information, content, materials, products or services therein, unless otherwise specified in writing.

In the case of goods or services supplied or offered via this website, our liability will be limited to the amount paid by yourself (excluding any shipping and/or handling charges) for those goods and services.

Purchasing Online

1. MINIMUM AGE AND LEGAL CAPACITY

Purchasing products or services on this website is restricted to individuals 18 years of age or older. Individuals below the age of 18 may have purchases made on their behalf by a parent or guardian.

Should we suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

2. ACCURACY OF PRODUCT DESCRIPTION

All products and services listed on this website are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:

  •     Human error in entry of information
  •     Incorrect information provided to us by suppliers or distributors
  •     Failure of suppliers or distributors to supply updated information to us

We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.

3. PAYMENT

All orders on this website must be pre-paid before fulfilment. All orders are placed in Australian dollars.

In the case that you pay for an order with your credit card, we do not store your credit card number on our servers, however it may be retained by our payment gateway provider in circumstances where this is required.

In the case of offline payment, we will contact you to arrange payment. This process must be completed before your order can ship.

In cases where your payment for an order fails for reasons including but not limited to insufficient card credit, or cheque dishonour, we do not warrant that stock will be held until an alternate payment method is available or the original payment method made to function.

4. PRICES AND TAXES

Prices are displayed to Australian visitors of this website (unless otherwise marked) including GST if applicable to the product, and in Australian Dollars.

If we determine that you are in a foreign country, we may display prices to you without GST and/or in alternate currencies.

5. RETURN POLICY

In the case of purchase of a physical product from this website which satisfies one or more of the following cases we will gladly arrange a refund or exchange of the product:

  •     The product proves faulty within 14 days of receiving the product and/or date of invoice
  •     The product does not match its description as provided when sold
  •     The product received is not the product ordered
  •     The product has been damaged in transit

Please contact us immediately if any of the above occurs to arrange a return. Products returned without prior notice will be rejected.

Please ensure that returned products are safely packed in their original packaging. We will not be held liable for damage to products incurred during return shipping.

Refunds will be issued to the extent required by the Fair Trading Act 1989 (Commonwealth) and Sale of Goods Act 1896 (QLD). No part of these terms of use is to be taken as an express or implied repudiation of our obligations under these pieces of legislation.

6. INVOICE

Upon completion of your order, we will supply an Invoice to you in the form of an email. Please ensure that the email address you have provided us is correct.

7. SECURITY

We use industry-standard SSL encryption where applicable to protect the privacy of information in transit between this website, yourself, and our suppliers including payment gateways.

You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.

8. LIMITATION OF LIABILITY

Under no circumstances will we be liable for any direct, indirect, incidental, consequential or other damages resulting from the purchase, delivery, use, or return of any product or service purchased from this website beyond the value of the item purchased, including but not limited to loss of profits or interruption to business.

Privacy Policy

In this policy, ‘us’, ‘we’, or ’our’ means Bargara Triathlon Club INC, operators of this website.

We are bound by the National Privacy Principles contained in the Commonwealth Privacy Act 1988 (subject to any exemptions that apply to us under that Act).

We may, from time to time, review and update this privacy policy, including taking account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy.

This Privacy Policy was last updated on 22 August 2012.

1. INFORMATION WE COLLECT

The personal information we collect falls into four categories: contact details, click trails, activity history, and publishable content.

Contact details are collected as supplied by you from time to time. We do not personally store usable credit card information. Where a record is required, we entrust credit cards to our payment gateway and store only the last few digits and expiry date of your credit card solely for purposes of identity confirmation and forewarning of expiry.

Click trails record the paths taken by visitors through the website. This information is generally recorded against IP address, and may be possible to correlate by computer.

Activity History consists of orders, enquiries, votes submitted via the website, or offline contact you have with us such as phone calls.
Publishable content consists of comments or other submissions of content you would like us to publish on our website.

2. HOW WE COLLECT IT

Contact details and publishable content are collected when supplied by you either via the website or direct to us by other means.

Click trails are recorded by our servers as each request reaches the website. This includes but is not limited to:

  • The type of browser you are using
  • The date and time of your visit
  • Your IP address
  • The address of the website that referred you to ours
  • The addresses of pages accessed and any documents downloaded

Click trails can be correlated over time by the use of ‘cookies’ as outlined in section 6. In most cases click trail data is not directly individually identifiable.

Activity history is recorded whenever you undertake an activity such as submit an enquiry, make a comment, vote on an object, and may additionally be recorded by us when you contact us offline.

3. WHY WE COLLECT IT AND HOW WE USE IT

Publishable content is collected and republished where applicable in order to enable a two-way conversation in public between us and our visitors.

We collect your personal contact details and activity history:

  • To respond to requests or queries you raise
  • To confirm your identity
  • To fulfil orders made by you
  • To keep you up to date with news, special offers, and other marketing information you have opted-in to receive.

We collect click trail data:

  • To measure and monitor the performance of our website
  • To estimate interest in our products and services
  • To refine and update our website’s content
  • To monitor our website for violations of the terms of use or any applicable laws by visitors

4. HOW WE DISCLOSE IT

We may disclose your personal information to third parties, and you consent to us disclosing your personal information to third parties, under the following circumstances:

  • As part of a sale of all or part of our business
  • When explicitly authorised to do so by yourself at the time you supply the information
  • As required or authorised by any applicable law
  • As required for processing of credit card payments by Internet Payment Gateways and Merchant Facilities.
  • As part of any investigation by us into you or your activity on our website (including to your Internet Service Provider or network administrator)
  • If we have reason to believe that you have committed a breach of any of our terms of use or have been otherwise engaged in any unlawful activity and we reasonably believe that disclosure is necessary (including to the Police or any other enforcement body, or to your Internet Service Provider or network administrator)
  • To lessen or prevent a serious threat to a person’s health or safety

5. PUBLISHABLE CONTENT

When you submit content to us for publication (including but not limited to comments, testimonials, votes, or forum posts) you assign us a transferrable, perpetual right to publish and/or commercially exploit said content without limitation. You also warrant in submitting such content that the content is owned or produced by yourself or you otherwise have permission to assign publication rights to us. Publication rights do not extend to fields specifically marked as private (e.g. your email address), except in cases of clear violations of our terms of use.

Content submitted by you for publication may be disclosed to all visitors of our website, and/or republished on other websites at our discretion.

If you provide personal information either of your own or of any third party as part of publishable content, you warrant that you have permission to publish said information and indemnify us against any consequences resulting from the publication of said information.

If you find your personal information published on our website without your consent, please contact us immediately as outlined in section 10.

6. COOKIES

Cookies are electronic tokens containing small amounts of information that are passed between a web browser and server. They are used to maintain session state between pages or to retain information between visits if you return to the website at a later time.

We use cookies to correlate passive activity tracking data as well as to authenticate supply of information such as enquiries, comments, and votes to minimise malicious or spam traffic.

7. OPTING IN AND OUT

You may opt out from the correlation of passive activity data by turning off cookies in your browser. Please note however that disabling cookies may result in a reduction of available functionality on our site including but not limited to the loss of the ability to post comments and vote on content.

When you supply us with your email address you may be asked to opt in to receive marketing information by e-mail or other means.

You will be given the opportunity to opt out from receiving further communications from us in accordance with this policy each time we send you information for which you have opted in. This comes in the form of an ‘unsubscribe’ link, generally in the footer and/or header of each email.

If you receive any communication purporting to be connected with us or our products or services that you believe has been sent to you other than in accordance with this policy, or in breach of any law, please contact us immediately as outlined in section 10.

8. INFORMATION MANAGEMENT AND SECURITY

With the exclusion of information supplied for publication (as outlined in section 5), we will take all reasonable steps to ensure that the personal information we hold is not lost, misused, or inadvertently provided to unauthorised third parties, including by means of firewalls, password locking, truncation of credit card data, encryption of data in transit, and secured servers.

You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.

You must ensure the security and confidentiality of any username and/or password used by yourself to access this website. You agree that you will be held responsible for all activities which occur under your username and password (including but not limited to publication of illegal or defamatory material or any other unlawful activity, or unauthorised charging of your credit card).

You agree that we are not responsible for the privacy or security practices of any third party and that the collection and use of your information by third parties may be subject to separate privacy and security policies.

If you suspect any misuse or loss of, or unauthorised access to, your personal information, please contact us immediately as outlined in section 10.

9. GAINING ACCESS TO YOUR INFORMATION

You have the right (excluding exceptions outlined in the Privacy Act) to seek access to and update or correct the personal information we hold about you. If you make an access request, we will ask you to verify your identity. We may charge a fee to cover the costs of meeting your request.

If you would like to seek access to personal information we hold about you, you can contact us as outlined in section 10.

10. HOW TO CONTACT US

If you have any questions or complaints about how we collect, use, disclose, manage or store your personal information, or would like to request access or changes to the information we hold, please contact us in writing at:

Bargara Triathlon Club INC
PO BOX 8394, Bargara 4670