This Agreement is legally binding and governs the terms and conditions under which Ted Sport Pty Ltd ACN 124 206 926 (“us”, “we” or “our”) make our services and products associated with Membership available to you (“you”). The first part of the Agreement is the Agreement Summary, followed by the General Terms and Conditions on which we provide the Membership to you.
Membership - General Terms and Conditions
- You use the Website at your own risk.
- We do not operate, control or endorse any website links that may appear on the Website.
- We are not responsible for loss or damage that you may suffer from Your use of the Website or websites links that may appear on the Website.
- We take reasonable care to keep the Website free from virus but do not accept responsibility for any viruses which may affect any material you download.
- Your Membership will commence on the Commencement Date and continue on a month-to-month basis until ended or cancelled in accordance with the terms of this agreement.
- As a Member you must:
- provide accurate details when creating your Membership and update them as soon as reasonably practicable if they change during the course of your Membership.
- comply with all of our Policies.
- pay all Membership Fees and other costs in accordance with this agreement.
- ensure sufficient funds are available to cover all Membership Fees and advise us in advance if your bank account or credit card is closed or changed.
- cancel direct debit facilities for your Membership when this agreement ends or is cancelled.
- take reasonable steps to keep your Membership details safe and secure from third parties.
- We reserve the right to change the terms and conditions of your Membership at any time, effective immediately upon publication on the Website. We will make reasonable efforts to tell you of any changes to your Membership in advance and we will give you the opportunity to cancel your Membership if you are adversely affected by the change and do not agree to it.
3. Membershiop Fees
- You must pay the full Membership Fee to us in accordance with this agreement.
- All Membership Fees are in Australian dollars and include GST unless otherwise specified.
- Subject to clause 2.3 of this agreement, all Membership Fees and Membership Entitlements are subject to change without notice.
- The Membership Fee will be automatically charged to your credit card or other acceptable payment and is non-refundable once charged.
- You can make payment by any of the methods specified by us, which include but are not limited to Stripe (via Credit Card), direct deposit via electronic funds transfer.
- All payments are taken via a secure server, but despite reasonable precautions, there is a risk of unauthorised access to, or alteration of, your payment details. You make payment at your own risk and to the maximum extent permitted by law, we are not liable for any loss or damage which you suffer as a result of unauthorised access to, or alteration of, your payment details.
- If we are unable to process payment for your Membership Fee or other charges under this agreement, we may suspend or cancel your Membership.
4. Ending this Agreement
- You may end your Membership by providing 30 days prior written notice to us.
- Notwithstanding anything else in this Agreement, you acknowledge that the Membership Fee is non-refundable and that you are not entitled to any form of refund, pro-rata or otherwise.
5. Cancelling this Agreement
- In addition to our other rights under this agreement, we may cancel your Membership if you breach any obligation under this agreement that can’t be fixed or if you breach an obligation that can be fixed but you do not fix it in a reasonable time.
- We may also immediately cancel your Membership if:
- you become bankrupt or insolvent;
- we have made reasonable attempts to locate you without success; or
- a court authorises us to do so.
- If we cancel your Membership, you will be liable for fees incurred, including your any outstanding Membership Fee. We may also recover costs, loss or damages caused by your breach.
- The cancellation of your Membership shall not prejudice the rights of either party in respect of any antecedent breach of this agreement.
6. Representations and acknowledgements
- You represent and warrant that you are at least 18 years of age and possess the legal authority to create a binding obligation.
- We acknowledge that:
- this agreement does not modify or exclude any statutory guarantees under Australian Consumer Law.
- You acknowledge that:
- Membership is provided "as is." We have not made any representation, warranty or undertaking about the quality of our services, their suitability or fitness for your purposes.
- We do not assume any liability or responsibility for any errors or omissions in providing the Membership services, any failures, errors, delays, or interruptions in the provision of information, and any losses or damages arising from the use of the items or information provided or other goods or services provided us.
- You have read and understood this Agreement before agreeing to it.
7. Risk and Liability
- You assume all risks associated with your use and enjoyment of the Website, Membership Entitlements and any other services, products or information provided to you under this Agreement.
- Any advice, information and suggestions you obtain via the Website or connected to this agreement, are provided without any guarantees, conditions or warranties as to its accuracy, completeness, reliability, currency or fitness for purposes.
- To the fullest extent permitted by law, you agree to hold harmless, release, defend, and indemnify us and our affiliates, suppliers, and their respective officers, directors, shareholders, employees and agents from any and all loss, cost, damage, liability (including reasonable legal fees) and/or claims asserted, threatened, arising from, related to, or in connection with any loss, injury, death to yourself or third parties, or damage to property arising from your use and enjoyment of the Website, the Membership Entitlements and any services or benefits provided to you by us under this agreement this Agreement.
8. Intellectual Property
- You acknowledge that all Intellectual Property in any Material on the Website is our property, or that of a third party, and shall remain the property of its respective owner. Unless expressly authorised under this Agreement, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material. These Intellectual Property rights are protected by Australian and international laws and you agree not to use or republish them.
- You may view the Website and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Website or commercialise any information obtained from any part of the Website without our prior written consent or, in the case of third party Material, from the owner of the copyright in that Material.
- This agreement is personal to you and may not be transferred to another person.
- We may sub-contract or otherwise arrange for another person to perform any part of this agreement.
- No right or remedy conferred upon or reserved to us by this agreement shall be exclusive of any other right or remedy herein or by law provided; all rights and remedies conferred upon us by this agreement or by law shall be cumulative and in addition to every other right and remedy.
- Any clauses intended to survive the end of this agreement shall continue to operate after its termination or cancellation.
- A party may waive a right under this agreement only by written notice that it waives that right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.
- If any provision or part of this agreement is void or unenforceable for any reason, then that provision or part will be severed from this agreement and the rest of this agreement shall be read as far as possible as if the severed provision or part had never existed.
- This Agreement is governed by and must be construed in accordance with the governing law of Victoria and each party herby submits to the non-exclusive jurisdiction of the Courts of the Victoria.
- This Agreement represents the entire agreement between us and you. You agree that we have not made any representations or promises that you have relied that are not in this Agreement.
- Australian Consumer Law means the Competition and Consumer Act 2010 (Cth).
- Commencement Date means the date that you become a Member and pay the Membership Fee.
- Membership means the rights and entitlements afforded to you based on your Membership Entitlements. Member has a corresponding meaning and includes the parent or guardian of the Member if the Member is less than 18 years old.
- Membership Fee means the nonrefundable fee you pay us for your Membership as set out on our Website.
- Membership Entitlements means the range of entitlements available to you based on the Membership Fee you pay as set on our Website.
- GST means the goods and services tax imposed by A New Tax System (Goods and Services Tax) Act 1999, the rate of which (currently 10%) is multiplied to any payment (or the relevant part thereof).
- Intellectual Property means all rights in patent, copyright, trade names, trademarks, logos, designs and images (including still images, and audio and audio-visual media).
- Material means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
- Policies mean all our policies, which are located on our Website and which we may update from time to time by means of providing a general notice at that link.
- Website means https://tedsport.com/ and any related websites, mobile application or platforms operated by us.