Terms and Conditions

 
Five Star Distribution Pty Ltd (ABN 20159117076)

Please read this document carefully as it applies to your use of this Website.

www.fivestarsports.com.au is owned and operated by Five Star Distribution Pty Ltd (ABN 20 159 117 076) of Suite 2.10, 55 Miller Street Pyrmont NSW 2009.

Your access to this Website is conditional upon your acceptance and compliance with the terms set out below, our current Privacy Policy and any other terms, conditions, notices and disclaimers posted elsewhere on this Website (collectively, Terms of Use).

By accessing and using this Website, you:

• acknowledge that you have read and fully understand these Terms of Use, accept them as legally binding between us and you and waive any rights to contest their validity or enforceability, including on the grounds of lack of notice of them; and
• waive your rights to make any claim against us inconsistent with them.

We may amend or revise these Terms of Use from time to time (including the Privacy Policy amendments will take effect on the posting of updated versions of those documents on this Website. If you do not agree with these Terms of Use (including any amendments to them) you must immediately cease using this Website.

1. General Terms

1.1 Licence to use the Content on this Website

All of the content on this Website (including, but not limited to, text, graphics, advertisements, software, information, User Content is subject to copyright and possibly other intellectual property rights of Five Star Distribution (or our suppliers and/or licensors) and is protected by Australian and international copyright and trade mark laws.

We grant you a limited, revocable and non-transferable licence to access, view, use and print this Website and the Content solely for your personal, non-commercial purposes and only for those purposes (Licence).

We (or our suppliers and/or licensors) retain all right, title, and interest in and to this Website, the Content and all registered and unregistered trademarks which are owned by us which are included on this Website. Nothing you do on or in relation to this Website, the Content or our trade marks will transfer any intellectual property rights to you nor (subject to the Licence and clause 1.1(d)), create any license or other right to exercise any intellectual property rights in relation to this Website, the Content or our trade marks unless expressly stated in these Terms of Use.

You must not copy, modify, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content or our trade marks in any way except as expressly provided in these Terms of Use, contemplated by the limited scope of the Licence, or expressly consented to in writing by us. You should contact us through the Contact Information section of our website if you wish to obtain such consent.

Subject to applicable law, we may revoke the rights granted to you pursuant to this clause 1.1 at any time and may suspend or deny, in our sole discretion, your access to all or any part of this Website without notice.

1.2 User Content

This Website may contain content or material uploaded, posted, emailed or otherwise electronically transmitted (Posted) by you, or other users of this Website (User Content).

You grant us a perpetual, royalty-free, non-exclusive, irrevocable and worldwide licence to use, copy, modify, adapt, exploit, publish, display, re-distribute, broadcast, transmit, sublicense, create derivative works from and incorporate in other works any User Content Posted by you, at any time in the future in any form and for any purpose (User Content Licence), and waive in favour of us all moral rights and any similar rights in any jurisdiction which you may have or acquire in respect of User Content Posted by you.

We may access or examine any User Content and at our discretion, move, remove, edit, refuse to Post or disable access to User Content which we consider, in our sole discretion, to breach any law or to be otherwise unacceptable. You acknowledge that we have no responsibility or liability for the deletion or failure to store any content or material Posted by you or any other user on this Website.

If you use this Website, you are solely responsible for any User Content Posted by you. In using this Website or any service offered through it, you must not:

• violate any applicable laws, impersonate any person or Post any User Content that:
• infringes the intellectual property rights of any third party or Post User Content that you do not have the right to Post;
• is unlawful, harmful, threatening, abusive, misleading, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing, improper or otherwise objectionable to any other person or entity;
• contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of email; or
• contains a survey, contest, or pyramid scheme;
• distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software; or

• collect or store personal data about other users of this Website or engage in any other conduct that inhibits or discourages any other person from using or enjoying this Website.

You acknowledge and agree that:

• we are not responsible for User Content Posted on this Website nor under any obligation to monitor, move, remove, edit, refuse to Post or disable access to it; and
• User Content Posted on this Website is a means of public (not private) communication and we may disclose the identify or other information in relation to any person who Posts content or materials on this Website which may violate any applicable or relevant law for the purposes of co-operating with law enforcement authorities in any jurisdiction or complying with any lawful direction or request to do so.

1.3 Competitions

From time to time we may run or offer competitions or promotions through this Website (Competitions). Your participation in those Competitions is governed by (in addition to these Terms of Use) the specific terms and conditions relating to those Competitions and subject to your satisfaction of any eligibility criteria described in those terms and conditions.

1.4 Registration

You may be required to register with us in order to Post comments in relation to Content, to participate in Competitions or access some of the Content or other features or functionality of this Website. Where you are required to register:

• you must submit accurate, complete and updated registration information;
• you must safeguard any user name and password which we provide to you;
• you authorise us to assume that any person using this Website with your user name and/or password is either you or is authorised to act for you;
• where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password; and
• you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware.
• You may cancel your registration at any time by notifying us (unless the specific terms and conditions of a Competition provide otherwise).

We may discontinue or cancel your registration in our sole discretion without notice if:

• you do not visit this Website for an extended period of time;
• you breach any of these Terms of Use, any Competition terms and conditions or any applicable law; or
• if we conclude that your conduct impacts on our name or reputation or violates our (or a third party’s) rights.

1.5 Links

This Website contains hyperlinks to other websites owned or operated by third parties. We have not reviewed all of the third-party websites linked to this Website and are not responsible for their content or accuracy (including sites linked through advertisements). The inclusion of any hyperlink does not imply that we endorse the linked site and you access the hyperlinks at your own risk. Your correspondence or dealings with, your participation in promotions of and your reliance on the representations of advertisers on this Website are matters that are solely between you and such advertisers.

1.6 Variations to this Website

We may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.

1.7 Privacy policy

In using this Website, you may give us personal information in which you have certain rights. You grant us consent to use your personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

• Your representations and warranties

You represent and warrant that:

• all User Content that you Post is true, accurate and not confidential to or owned by any other person;
• all User Content Posted by you is owned by you, our use of such User Content does not infringe or violate the intellectual property rights or any other rights of anyone else and you have the right to grant the User Content Licence; and you will not use this Website;
• or any service offered through it for any purpose that is unlawful or prohibited by these Terms of Use.

1.9 Content is personal opinion only

The views expressed in the Content, or which may be reasonably implied in material comprising it (including in streamed audio or audio-visual material), do not necessarily represent the views of Five Star Distribution Pty Ltd. You must evaluate and bear all risks associated with the Content and not rely on it or its accuracy, completeness or usefulness for any purpose, including as a substitute for any form of professional advice.

1.10 Use of this Website is at your own risk

You use this Website at your risk. To the extent permitted by law, everything on this Website is provided to you ‘as is’ without warranty or condition of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law and in particular:

• we endeavour to provide a convenient and functional Website, but we do not guarantee that your requirements will be met or that your access to the Content or this Website will be uninterrupted, error free or that this Website or the server that operates it is free of viruses or other harmful components; and
• while we may attempt to keep information on this Website current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on this Website.

This Website is accessible to you over the Internet which is an inherently insecure medium. You are responsible for implementing adequate security measures to protect your systems. We are not responsible for your negligence or failure to backup or protect your data, software or hardware from unintended modification, destruction or disclosure when accessing this Website over the Internet, or if your use of this Website results in the need for servicing or replacing property, material, equipment or data.

1.11 Service provider charges

You acknowledge and agree that Five Star Distribution Pty Ltd is not responsible for any charges that may be invoiced to you by your telecommunications service provider or your Internet service provider in relation to your access, use or downloading from this Website.

1.12 Liability and indemnity

To the maximum extent permitted by law:

• we exclude all liability to you for all claims arising under or in connection with these Terms of Use, this Website, or any Content or material accessible at any time through it or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, for any other common law or statutory cause of action, under an indemnity or on any other basis;
• we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use this Website, or any content or material accessible at any time through it, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know or have been advised of the possibility of such damage; and

• our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:
• in the case of goods: (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of such goods; (3) the payment of the cost of replacing the goods or acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired; and
• in the case of services: (1) the supply of the services again; or (2) the payment of the cost of having services supplied again.

You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of this Website or resulting from, or alleged to result from, your use of this Website, the Content or a breach of any of these Terms of Use.

1.13 General

If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

These Terms of Use are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

These Terms of Use constitute the entire agreement between us and you in relation to this Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to this Website.

You agree that we may communicate with you electronically for all aspects of your use of this Website, including sending you electronic notices.

The provisions of these Terms of Use which by their nature survive termination or expiry of these Terms of Use (including without limitation clauses 1.2 (User Content), 1.8 (Your representations and warranties), and 1.11 (Liability and indemnity)) will survive cancellation of your registration or termination or expiry of these Terms of Use.