Terms of Use

In these terms, “Sporty Animal”, “we”, “us” and “our” means sportyanimal.com.au. Please read these terms carefully as they apply to your use of this website and all of its content, and also apply to any associated services, products, software provided by us (the “Website”). By accessing or using the Website you agree to be bound by these terms. We may revise these terms from time to time by updating this page. The updated terms will take effect on an immediate basis.

Use of the Content on Sporty Animal

  • You acknowledge that the Website, the content posted on the Website by us and our users, and the underlying software and technologies used to operate the Website, are all subject to copyright, trademark and other intellectual property rights (collectively, “Intellectual Property Rights”).
  • We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
  • We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or, except for the licence referred to above, authorise you to exercise any Intellectual Property Rights unless we expressly agree otherwise.
  • Except as provided in these terms, permission to reprint or electronically reproduce the Website or any of its contents, in whole or in part, whether by automated or manual means (including through the use of any technology) is prohibited, unless prior written consent is obtained from us.
  • We may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.

Social Sign-ins and Memberships

  • In order to access certain features on the Website, you may need to do any or all of the following:
    – register as a member;
    – sign in via your social media account; or
    – verify that you are over 18 years old.
  • Your use of social sign in is subject to the terms and conditions of your account with the third party social media service provider in addition to these terms.
  • In order to register as a member, you must provide us with accurate and up to date registration information. You may wish to nominate a member user name which is different to your real name. However, you must not impersonate the identity of someone else or use a vulgar or offensive member name. In some instances we may require you to provide your real name or other identifiable information.
  • In addition to registration, you may be required to verify that you are over 18 years or age in order to access certain content on the Website. We reserve the right to implement restricted access and age verification mechanisms as we deem appropriate.

Disclaimer

Except where expressly specified, the content on the Website is provided for informative purposes only. It is not intended as advice and you should not rely upon it as such. The information, advice and tips on Sporty Animal are not an alternate or any medical or professional advice. You should always consult with your doctor before acting on any information, advice or tips you find on our website. Additionally, you should verify any important information we provide (such as information about health, finances and travel) and seek independent advice prior to making any decisions.

Linking to Sporty Animal

  • We encourage you to provide links to this Website. While you may use the name of the Website in the text of any such link, you may not use any of our logos or trademarks without our prior written consent.
  • You must not frame this Website or represent or imply that any part of the Website belongs to anyone other than us.
  • If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.

Other Restrictions

In using the Website, you must not:

  • violate any applicable laws;
  • distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;
  • disclose any password associated with an account you use to access the Website (and you will be solely and personally responsible for all activities that occur under your account);
  • collect or store personal data about other users of the Website;
  • use the Website for any purpose that is threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person’s rights; or
  • engage in any other conduct that inhibits any other person from using or enjoying the Website.

Warranties and Idemnity

  • You may have rights under statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitations of liability below, apply subject to any rights you may have under such laws.
  • You expressly acknowledge and agree that your access to and use of the website is at your sole risk and the website proficed is “as is” and “as available”. In particular, we do not represent or warrant to you that:
    – Your access to and use of the website will meet your requirements(and you acknowledge that you have relied upon your own experience, skill and judgement to evaluate the  website and that you are satisfied as to the suitability of the website to meet your requirements); or
    – Your access to and use of the website will be uninterrupted, timely, secure or free from viruses or error.
  • Without limited the foregoing, and to the extent permitted by law, all express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in the terms (whether based in legislation, the common law, or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose, timliness or non-infringement of third party rights.
  • If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, the common law or otherwise) and cannot be excluded (a “Non-Excludable Term”), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach of the Non-Excludable Term is limited to one or more of the following at our option:
    – in relation to goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or
    – in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
  • Subject to our obligations under the non-excludable terms, our maximum aggregate liability for all claims arising under or in relation to these terms or otherwise as a result of your access to and use of the website is limited to $100. Our liability to you will also be diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
  • Subject to our obligations under the non-excludable terms and to the maximum extent permitted by law, in no event are we liable under or in relation to these terms or otherwise as a result of your access to and use of the website for any indirect, special, consequential, incidental or punitive loss or damage or for any loss of goodwill, opportunities, anticipated savings, profits, revenue or bargain.
  • The limitations and exclusions above apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.
  • You must indemnify, defend and hold harmless us and our affiliates, and their respective directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in these terms, your breach of or failure to comply with any laws or your misuse or infringement of any rights (including Intellectual Property Rights) of a third party.
  • We cannot be responsible for any loss, corruption or interception of data sent to or from the Website that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.

Changes to The Website

We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.

Links and Advertisements

  • The Website may contain links to websites operated by third parties or include advertising or promotional material provided by our advertisers. We are not responsible for, and do not endorse, the content or accuracy of any other sites linked to the Website or advertising or promotional material published on the Website. You should contact the relevant third party directly if have any questions.
  • In some instances, advertisements will contain offers which you accept by clicking through to an advertiser’s website. The advertiser is solely responsible for the offer.
  • Where the Website includes products available for purchase, the prices and product description are the responsibility of the retailer.

Sporty Animal Privacy Policy

In using the Website, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to use your personal information in accordance with our privacy policy which can be viewed at https://sportyanimal.com.au/privacy-policy/, which forms a part of these terms.

General

  • If any part of these terms is:
    – held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible; or
    – inconsistent with any applicable law, the inconsistent part is to be read subject to that law to the extent necessary,

and the remainder will remain in full force and effect. These terms 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 constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Website.
  • Your use of the Website is conducted electronically and we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
  • The word “including” when used in these terms is not a term of limitation.