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Terms and Conditions

Conditions of use

By accessing and browsing this website, you accept without limitation or qualification the terms and conditions set forth herein. It is important that you read these terms and conditions. If you fail to read these terms and conditions, you are nevertheless bound by the totality of the terms and conditions contained herein. If you do not agree with any of the terms, please do not use this website.

This website and the terms and conditions set out herein are applicable to all users who access the websites operated by Sportstrap.com.au, as listed on Sportstrap.com.au.

Age of Majority

This website is directed for use by adults. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use this website on your behalf and you should not use this website on your own or provide any personal information while accessing this website.

Electronic Communications

You hereby authorize the exchange of internet documents and information between you and Sportstrap.com.au in accordance with the terms of this section, or by email, and you agree that this Agreement in electronic form is equivalent to an original written agreement between you and Sportstrap.com.au. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Exclusion of Warranties and Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT AND SUBJECT TO ANY LAWS, IN YOUR JURISDICTION, THAT COULD PROHIBIT OR LIMIT, IN WHOLE OR IN PART, THE SCOPE OF THE PRESENT EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY,  SPORTSTRAP.COM.AU, ITS AFFILIATES, THEIR DIRECTORS, ADMINISTRATORS, EMPLOYEES, AGENTS, INDEPENDENT CONTENT SUPPLIERS, SPECIAL PARTNERS, MANDATARY SUPPLIERS OF LICENSE AND OTHER PERSONS WITH WHOM SPORTSTRAP.COM.AU IS BOUND OR HAS A BUSINESS RELATIONSHIP WITH (COLLECTIVELY THE “BENEFICIARIES”) DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

IN NO EVENT WILL SPORTSTRAP.COM.AU AND ITS BENEFICIARIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, PERSONAL INJURY, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY SPORTSTRAP.COM.AU OR OTHERWISE RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THE WWW.SPORTSTRAP.COM.AU WEBSITE, EVEN IF SPORTSTRAP.COM.AU OR ANY OF ITS BENEFICIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL SPORTSTRAP OR ITS BENEFICIARIES’ TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL SPORTSTRAP.COM.AU OR ITS BENEFICIARIES BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, SPORTSTRAP.COM.AU’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF SPORTSTRAP.COM.AU.

YOU AGREE TO DEFEND AND HOLD HARMLESS SPORTSTRAP.COM.AU AND ITS AFFILIATES AGAINST ALL CLAIMS, LOSSES OR DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM OR CAUSED BY A BREACH OF THE FOREGOING AND YOUR USE OF THE PRESENT WEBSITE, INCLUDING ANY CLAIM FOR INTELLECTUAL PROPERTY INFRINGEMENT.

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

Headings

The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.

No Assignment

You may not assign your rights or obligations under this Agreement without the express written consent of Sportstrap.com.au.

Enurement

This Agreement shall be binding upon and enure to the benefit of each of the parties hereto and their respective successors and permitted assigns.

Severability

The provisions of this Agreement shall be deemed severable. Should any provision of this Agreement be declared unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such declaration shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Sportstrap.com.au relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Sportstrap.com.au making such amendments or modifications available to you pursuant to this Agreement.

No Waiver

The failure of Sportstrap.com.au to enforce any provision of this Agreement or to respond to a breach by you or by any third party to this Agreement shall not in any way constitute a waiver by Sportstrap.com.au of its right to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

Interpretation

The terms “you” and “your” refer to the person accessing the using the www.sportstrap.com.au website, for any reason whatsoever.


 

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