TERMS & CONDITIONS


TERMS OF SERVICE

Terms & Conditions for SportsPass Website

Contents

1 Governing law

2 Revisions to T&C’s

3 Site content, ownership, and use restrictions

4 Advertising & Links to Third Party Websites

5 Personal, non-commercial use

6 Prohibited conduct

7 Licence to use

8 User conduct

9 Indemnity

10 Activating Members and Supporters Cards

11 Price

12 Delivery

13 Authority to Leave

14 Disclaimer

15 Limitation of liability

16 Disclaimer of warranty

17 Rights we cannot exclude

18 Refunds and Cancellations

19 Copyright

20 Liability

21 Disclaimer of Warranty

22 Delivery time

23 Guarantee

24 Termination

Terms and Conditions

The SportsPass website is owned and operated by GroupSaver ABN 61 168 058 035 (‘SportsPass’) trading as ‘SportsPass’. By using or accessing this site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (‘T&C’s’). If you do not agree to these T&C’s, please do not use this site. All orders are accepted and handled in accordance with the conditions below and the customer accepts these conditions by using the website.

1. Governing Law

SportsPass controls and operates this site from SportsPass offices within Australia. These T&C’s are governed by the laws of the State of Victoria. You and SportsPass agree to submit to the non-exclusive jurisdiction of the courts of Victoria. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

2. Revisions to T&C’s

SportsPass may revise or amend these T&C’s at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these T&C’s is found to be unenforceable, the remainder of these T&C’s remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised T&C’s.

3. Site Content, ownership, and use restrictions

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by SportsPass and SportsPass related companies, affiliates, licensors and licensees.

4. Advertising & Links to Third Party Websites

This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of SportsPass and SportsPass is not responsible for the contents of any such information or website. SportsPass provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by SportsPass. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website. This site does not and will not provide age related barriers to sites which are not relevant or appropriate for minors. Parents and Guardians must monitor their child’s online activity in respect of this site and SportsPass accepts no liability, claim or action in relation to said online activity.

5. Personal, non-commercial use

Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of: a. Placing an order with SportsPass; or b. Using this site as a shopping resource, provided that you do not modify the site and that SportsPass retain all copyright and other proprietary notices contained in the Contents. c. You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s.

6. Prohibited conduct

You are not authorised, without the prior written permission of SportsPass and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by SportsPass may be used without our prior, specific, written permission or that of the trademark owner.

7. Licence to use

You grant SportsPass an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to SportsPass from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

8. User Conduct

You must not upload, post, transmit or otherwise make available through this site any material which: – violates or infringes the rights of others (including their privacy and intellectual property rights); – is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; – encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibit SportsPass any other user from using the site; – affects the functionality or operation of the site or SportsPass servers or the functionality or operation of any user’s computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or – breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require SportsPass to take remedial action under any applicable industry code.

9. Indemnity

You agree to indemnify and will keep SportsPass indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by SportsPass in connection with your use of this site, your breach of these T&C’s or your breach of any rights of third parties.

10. Activating Members and Supporters Cards

Any order placed for a card or activation of a card by you in the manner described in this site is an offer by you to purchase a membership card for the price (including the delivery and other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery and/or ownership of the card unless you ask us to cancel that order, and we send you written email confirmation of the cancellation prior to the cards being dispatched to you. SportsPass may change the prices published on this website at any time. Prices of cards placed in the basket but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, SportsPass is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this site, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these T&C’s.

11. Price

All prices are inclusive of GST unless otherwise specified. Prices displayed on this site are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted in all states, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.

12. Delivery

Title to the cards purchased on this site does not pass from SportsPass to you until you have received and activated the card. All risk in the card passes to you upon the last to occur of activation or delivery to your address.

13. Authority to Leave

SportsPass will send your card to your nominated address. You agree that the card is deemed received when left at your premises. SportsPass, and contractors associated with the delivery, do not accept responsibility for any loss or damage which results from this Authority to Leave delivery method. You agree to release SportsPass from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave.

14. Disclaimer

To the extent permitted by law, SportsPass will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use, copying, or display of the contents of this site; (2) goods or services supplied by third parties and third party websites under these T&C’s; or (3) a failure or omission on the part of SportsPass to comply with SportsPass obligations under these T&C’s.

15. Limitation of liability

Our total liability to you (if any) in connection with this site, or with these T&C’s or any goods or services supplied under them, will be limited, at our election, to: (1) in the case of information or services supplied or offered by us, the re-supply of the information or services or payment of the cost of doing this; (2) in the case of cards supplied or activated the cost of the activation; and/or (3) the amount paid by you to SportsPass (if any).

16. Disclaimer of warranty

SportsPass is providing this site and SportsPass contents on an ‘as is’ basis and use of this site is at your own risk. SportsPass and SportsPass related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, SportsPass expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

17. Rights we cannot exclude

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010 .

18. Refunds and Cancellations

We are not required to provide a refund to you if you change your mind about engaging and using our services. If within the fist twenty eight (28) days of activation you have a major problem with our service, a minor problem that cannot be fixed within a reasonable time or if our services do not meet the consumer guarantees under the Australian Consumer Law, you can elect to cancel our services and/or receive a refund depending on the circumstances of the difficulty.

19. Copyright

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by SportsPass and it’s related companies, affiliates, licensors and licensees.

20. Liability

SportsPass total liability is limited to errors which are related to shipping and delivery of, or the activation of, the card. You agree to take responsibility for the safekeeping of your log in details, user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify SportsPass in connection with any use (whether authorised or unauthorised of your user name or password).

21. Disclaimer of Warranty

SportsPass is providing this site and SportsPass contents on an ‘as is’ basis and use of this site is at your own risk. SportsPass and SportsPass related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, including any non-excusable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained – on this site. To the extent permitted by law, SportsPass expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

22. Delivery time

The delivery will be completed within 10 business days to your nominated address. Delayed delivery is not a basis for cancellation of the card or a request for any compensation.

23. Guarantee

Any complaints must be submitted within one week of the delivery of the card ordered by you or on activation of the card to SportsPass. SportsPass liability is limited to resupplying or reactivating the card.

24. Termination

Your ability to access this site may be terminated by SportsPass and at any time without notice. All restrictions, licences granted by you and limitation of SportsPass liability will survive termination.