USER AGREEMENT

ACCEPTANCE

This website is managed under license(s) by TPF Sports (Aust) Pty. Ltd. ACN 060 603 189 ("TPF Sports"). By accessing or using this website, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions (as amended from time to time) which form a legally binding contract between you and TPF Sports (Aust) Pty. Ltd.

If you don't agree to these terms and conditions, please do not use this website.

For any queries or assistance, please contact us at arutouch7s@tpf.com.au.

DISCLAIMER

The information contained in this site is provided in good faith on an "as is" basis. TPF Sports does not represent or warrant to the reliability, accuracy or completeness of the information contained on this site. To the extent permitted by law, TPF Sports is not responsible or liable for any liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this site. However, TPF Sports will endeavour to correct any inaccuracies on the site once TPF Sports becomes aware of them.

Illustrations and photos contained in this site are sample representation of the products advertised, and variations may occur from time to time.

PAYMENT AND CURRENCY

We accept MasterCard, Visa, Diners Club, American Express and payment by PayPal. We do not accept Cheques, Money orders or any other forms of payment.

All prices shown are in Australian dollars and include Goods and Services Tax at 10%. Only Australian orders are subject to the GST and all international orders will be processed exclusive of GST. All totals will be billed as Australian Dollars and International customers will be charged the equivalent of this rate in their respective currencies at the time your bank processes the transaction. The International pricing shown is fixed to International rates as provided by our banking partner.

PLACING AN ORDER

You may order products by selecting and submitting your order through the website in accordance with these terms and conditions.

Any order placed through this website for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the website.

You agree to provide us with current, complete and accurate details when asked to do so by the website.

ACCEPTANCE OR REJECTION OF AN ORDER

We reserve the right to accept or reject your order for any reason, including (without limitation) where:

  • if the requested product is not available;
  • if there is an error in the price, image or the product description posted on the website or in your order;
  • the customer does not meet age requirements;
  • we are not permitted to supply the product to a customer outside of Australia;
  • there was an error in your order; and
  • we have set a limit on the sale of products to reasonable or normal quantities and your order is above that limit.

Each order placed for products through the website that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions.

If we reject an order placed through the website, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order and refund you in full all amounts you have paid in respect of that rejected order.

CANCELLING AN ORDER (BY US)

Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:

  • the requested products in that order are not available;
  • there is an error in the price or the product description posted on the website in relation to the relevant product in that order; or
  • that order has been placed in breach of these terms and conditions.

If we do so, then we will endeavour to provide you with reasonable notice of that cancellation and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.

CANCELLING AN ORDER (BY YOU)

Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, without any liability to us for that cancellation.

If you do, then you must provide us notice (including reason) before the dispatch of an order. You cannot cancel all or any part of an order after the order has been dispatched by us.

DELIVERY

Please allow at least ten (10) working days for delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, this period may be extended by up to 30 days by us and we will endeavour to provide you with reasonable notice of that extension.

PRICES, FEES AND CHARGES

Prices

The prices of products and delivery and other charges displayed on this website are current at the time of issue, however, TPF Sports reserves the right to change prices at any time before we accept an order from you.

All prices shown on this website are in Australian Dollars (AUD).

We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):

  • the purchase price of each product that is ordered;
  • the delivery fee for delivering the products to you; and
  • any other fees and charges set out in these terms and conditions.

All fees and charges identified in these terms and conditions and all prices for the products as shown on the website are inclusive of GST (unless otherwise indicated).

Delivery Fees

Delivery fees are payable in addition to the purchase price of each product. A number of different delivery methods may be used depending on the type of order.

If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.

TPF Sports currently ships orders to Australian addresses only.

You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:

  • special, non-stock and/or bespoke items;
  • heavy, bulky and/or awkward items;
  • express or urgent deliveries; or
  • bulk or large quantity orders.

RETURNS

Unless you notify TPF Sports to the contrary by email, telephone, or facsimile transmission within fourteen (14) days of delivery of any products and such notification is confirmed in writing within seven (7) days of its receipt by TPF Sports, the products shall be deemed to have been accepted by you.

TPF Sports will accept product returns and provide you with (at TPF Sports’ discretion) a replacement for the product (subject to availability) an exchange voucher, refund or repair where:

  • the product delivered is faulty or is not of merchantable quality, or
  • the product delivered is not fit for its intended purpose, or
  • the product delivered does not match the description on the website.

If the product delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description on the website or covered under a warranty from the manufacturer, then please contact us on arutouch7s@tpf.com.au and one of our Customer Service Team will assist with your request. To enable us to evaluate your return request, please provide us with:

  • the order number, invoice number, or receipt number;
  • a detailed description of the problem or the reason for your request to the return the product;
  • photograph(s) of product that is damaged during transportation (if it's required we will advise you which email address to send it to); and
  • your name and contact details.

Once we have received the above detail we will evaluate your return request. If we determine that you are eligible for a return, we will send you an email confirming acceptance of your request which will contain full return instructions and a return address. If we feel the problem described requires clarification we may contact you to clarify in order to provide more efficient service.

YOUR OBLIGATIONS

You covenant and warrant that:

  • all information and data provided by you to us through the website (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
  • the person receiving the products at the delivery address is authorised by you to do so;
  • you have and will comply with all relevant laws relating to your use of the website and your placement of any order to us;
  • you will ensure that your login identification and password that is used to access the website and the details of your account is kept in a safe and secure manner;
  • you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your login identification and password or account, or any other security breach relating to your account;
  • you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
  • you are responsible for any costs associated with your access to or use of the website, including internet access fees;
  • you are responsible and liable for any person that uses your login identification and password to order product(s) through the website;
  • you agree that we may charge you for all products that we agree to supply to you that have been ordered using your login identification and password through the website;
  • you will check the labels on the products before consumption or use; and

You covenant and warrant that you will not:

  • use the website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
  • use the website in a manner or way, or post to or transmit to or via the website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the website;
  • make fraudulent or speculative enquiries, purchases or requests through the website;
  • use another person’s details without their permission or impersonate another person when using the website;
  • post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
  • tamper with or hinder the operation of the website;
  • knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the website;
  • use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the website;
  • modify, adapt, translate or reverse engineer any portion of the website;
  • remove any copyright, trade mark or other proprietary rights notices contained in or on the website;
  • reformat or frame any portion of the web pages that are part of the website;
  • create accounts by automated means or under false or fraudulent pretences;
  • use the website to violate the security of any computer or other network or engage in illegal conduct;
  • take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
  • use the website other than in accordance with these terms and conditions; or
  • attempt any of the above acts or engage or permit another person to do any of the above acts.

ERRORS

When placing information onto our website, we will take reasonable care in ensuring that all details, prices, product images and descriptions displayed are correct at the time.

We have the right to amend any typographical errors, inaccuracies or oversights in the information contained on this website and to correct or update content or cancel orders at any time without prior notice. Please note that this also applies to orders that have been submitted.

In addition, images showing textures, appearances and colours of our products will vary depending on your monitor and computer equipment. We cannot guarantee that the product images are an exact representation of the actual products.

SECURITY

The Foxtel Touch 7s Equipment Shop offers you a safe and secure shopping experience. You will notice a padlock icon within your browser when you enter our website. This indicates that all information entered in the session is secure.

Once you have entered your credit card details, your payment will be processed online. When payment is processed, we send the transaction to the bank. Unlike giving credit card details over the phone, our online system automatically encrypts all your details using the SSL encryption standard.

USE OF THIS WEBSITE

You acknowledge and agree that this website and its contents are only intended for your own personal, non-commercial use and you may only download, print or use content for this purpose.

You may only use this website for lawful purposes and must not use it in a way that violates the rights of any third party.

Unless you have prior consent, you must not copy, reproduce, modify, distribute, imitate, publish, commercially exploit or link to or deep-link into this website.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that the copyright, trade marks and other intellectual rights contained within this website are owned by or are licensed to TPF Sports (Aust) Pty. Ltd.

You must not:

  • copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
  • frame or embed in another website any of the material appearing on this website without TPF Sports’ prior written consent.

You may:

  • store a reproduction of the content on this website on your local computer for the sole purpose of viewing the content and Materials; and
  • print hard copies of the content and Materials for the sole purpose of viewing and purchasing products but not for any other use, including commercial use.

This website contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks or names appearing on the website without our prior written consent. You must not use any of the other company, product and services marks on the website that are owned by other third parties (including our suppliers or sponsors) without obtaining the relevant third-party owner’s consent.

VIRUSES

TPF Sports does not claim that any information (including any files) obtained from or through this website is free from viruses or other faults or defects.

You are responsible for scanning any information for viruses

You agree that TPF Sports has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.

If TPF Sports is found to be liable this will be limited to the cost of supplying the information again.

THIRD PARTY WEBSITES

This website may contain links to third party websites. TPF Sports (Aust) Pty. Ltd is not responsible for the condition or content of those websites as they are not under TPF Sports (Aust) Pty. Ltd's control. You access those websites and/or use their products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by TPF Sports (Aust) Pty. Ltd of those websites or the products or services provided on those website.

You must not link any third party website to this website without TPF Sports (Aust) Pty. Ltd's prior written consent.

DAMAGE TO COMPUTER OR OTHER DEVICE

We will take reasonable care in ensuring that our website is free from viruses or other dangerous content, however cannot guarantee that use of this website will not cause damage to your computer or other devises. It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this website safely.

PASSWORD AND ACCOUNT SECURITY

It is your responsibility in maintaining the confidentiality of your password and account and all activities that take place under your password or account. If you will be using a shared computer ensure that you logout of your account at the end of each session. If you believe that there has been a security breach or misuse of your password or account, please let us know immediately.

TPF Sports (Aust) Pty. Ltd will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause.

OVERSEAS USERS

This website may be accessed throughout Australia and overseas. TPF Sports (Aust) Pty. Ltd makes no representations that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.

In addition, note that we may not be permitted to supply certain products to customers outside of Australia.

AGE RESTRICTIONS

By law, we cannot sell certain products to persons under the age stated on the product. When you order these products online, you are confirming that you are of the legal age and that the information you have provided us is true and accurate.

ACCESS

We reserve the right to immediately suspend, terminate or limit your access to this website for any reason in our absolute discretion.

We will not accept responsibility if your access to this website is unavailable for any reason.

COOKIES

Cookies are small pieces of information that your browser stores on your computer hard drive.

We may use cookies to provide website usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser, you may not be able to fully experience all features of this website.

DISCLAIMER

You use this website at your own discretion and risk.

TPF Sports (Aust) Pty. Ltd makes no representations or warranties of any kind, express or implied as to the operation of this website or the information, content, materials or products included on this website, except as otherwise provided under applicable laws.

Neither TPF Sports (Aust) Pty. Ltd nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable in any way whatsoever (including for negligence) for any loss, damage (including incidental, special or consequential damages), costs or expenses suffered, arising out of, or in any way connected with this website or any of its content.

All warranties, conditions and representations (whether express or implied) are hereby excluded to the extent permitted by law.

INDEMNITY

You agree to indemnify the Website Organisers for any loss, damage or cost it suffers or incurs as a result of any breach by you of these terms and conditions.

GENERAL PROVISIONS

If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

These terms and conditions are governed by and construed in accordance with the laws of the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.

Privacy policy and your personal information

Please refer to the Privacy Policy on this website, which form part of these terms and conditions.

CHANGES

If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.

Subject to the above, TPF Sports may, in its absolute discretion, modify or amend these terms and conditions at any time without providing you with prior notice. If we do so, the updated terms and conditions will be published on this website and the modifications will be immediately binding upon you.

For any queries or assistance, please contact us at arutouch7s@tpf.com.au