Terms & Conditions
Footy Gifts Terms & Conditions
The "footygifts.com.au" website ("website") is operated by XXX ABN XXXX. Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below ("Terms and Conditions"). The Terms and Conditions govern your use of the website and the materials and information accessible on or from the website. You should read the Terms and Conditions now. Footy Gifts reserves the right to amend the website and the Terms and Conditions at any time and from time to time without notice to you. Your continued use of the website after any amendment to the Terms and Conditions constitutes an agreement by you to abide and be bound by the Terms and Conditions, as so amended. Your use of the website means you accept these Terms and Conditions. You must not access, browse or use this website unless you agree to be bound by the Terms and Conditions set out below. If you do not agree with these Terms and Conditions you must not visit or use the website.
The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts. By making an on-line purchase, you accept these terms and conditions and acknowledge that you are over the age of eighteen (18) years.
Should Footy Gifts suffer any loss or damage as a result of a transaction entered into by a minor, Footy Gifts reserves the right to seek compensation and to take legal action for such losses from the parents or guardians of the minor who caused the order to be placed.
Any order placed by you in the manner described on this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on this website at the time you place your order. Footy Gifts 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 or the product description posted on this website, or an error in your order. The rejection of any offer by Footy Gifts is at the sole discretion of Footy Gifts. Your contract with Footy Gifts only comes into existence when Footy Gifts forwards to you confirmation of receipt of your order and payment.
All prices displayed on the website, including but not limited to prices of products and services and delivery and other charges, are quoted in Australian Dollars and are current at the time of issue, but may change at any time without notice and are subject to availability. Any changes to prices displayed on the website are at the sole discretion of Footy Gifts.
Errors and product availability; offers to purchase
Errors, misprints and omissions (including incorrect prices, descriptions or specifications for products) may sometimes occur. Footy Gifts does not guarantee that products and services advertised on our Website will be available when ordered or thereafter. Footy Gifts makes no warranty that the content of the Website, including product descriptions or photographs, is accurate or complete.
Footy Gifts may at any time, without any prior notice or liability to any Website user (a) correct any error, inaccuracy or omission; (b) change the products and services available on the Website, or the prices, fees, and specifications of such products and services, or any promotional offers and any other Website content; (c) reject, correct, cancel or terminate any order, including accepted orders, for any reason and (d) limit quantities available for sale.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell.
Goods and Services ("GST") and Other Taxes
Prices displayed on this website are inclusive of GST applied at the rate of 10%.
You are responsible for the payment of any and all taxes, duties, charges, imposts or other liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, any additional GST payable or any value added tax imposed on any products or services acquired or ordered by you from this website.
Please read the Delivery Information contained in the website. The delivery times are indicative only and Footy Gifts will not be liable for any failure to observe these delivery times.
Risk and Title
Footy Gifts will retain title to the products you order until you have made payment in full for those products but all risk in the products will pass to you upon the delivery of the products to, or the collection of the products by, a postal or courier service. You should consider whether to obtain any suitable insurance in respect of the products.
The circumstance in which Footy Gifts is obliged to make a Refund (if at all) is detailed in its Refunds Policy.
Limitation of liability
Footy Gifts will in no way be liable for any direct, indirect, incidental, special or consequential loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Footy Gifts or related entities of Footy Gifts have been advised of the possibility of such loss or damage.
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Footy Gifts for any breach of such term, condition or warranty shall be limited, at the option of Footy Gifts, to any one or more of the following:
1. if the breach relates to goods:
1. the replacement of the goods or supply of equivalent goods;
2. the repair of such goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the payment of the cost of having the goods repaired
2. if the breach to relates to services:
1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.
You agree that your access to, and use of, this website is subject to these Terms and Conditions and all applicable laws, and is at your own risk. While the information and material contained on the website is believed to be accurate and current, it is provided by Footy Gifts in good faith on an "as is" basis. Footy Gifts, related entities of Footy Gifts and the directors, officers and employees of Footy Gifts accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the website. Any reference to products or services on this website is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Footy Gifts. Subject to any non-excludable provisions in the Trade Practices Act 1974 (Cth), Footy Gifts expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this website. Footy Gifts shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Footy Gifts is expressly advised of the possibility of such loss or damage. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.
By using this website and agreeing to these Terms and Conditions, you agree to indemnify Footy Gifts and its employees, officers, agents, shareholders and other persons involved in the creation of this website and hold Footy Gifts and its employees, officers, agents, shareholders and other persons involved in the creation of this website harmless against all loss, actions, proceedings, costs (including legal costs), expenses, claims, penalties, fines, expenses, costs and damages arising from or in relation to any breach by you of these Terms and Conditions, your access and/or use or exploitation of the website or reliance on its contents or information received through it by yourself or any person accessing any content through the website and as a result of any use or exploitation by you of any material posted by any third party or any other website, or both. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Trade Practices Act 1974 (Cth).
Footy Gifts is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. Except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means:
1. copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this website;
2. perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on this website without the specific prior written consent of Footy Gifts;
3. alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this website which can be accessed through this website; or
4. use or apply, for commercial purposes any material or information on this website, without the prior written consent of Footy Gifts.
Any software which you down load from this website is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you which you are updating, and by down loading such software you agree to abide the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence.
All trademarks, brands and names appearing on this website are the property of their respective owners.
Nothing contained on this website is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.
You should not send any information or material that you consider to be confidential or proprietary, to Footy Gifts or any other person, through this website. Any information or material sent to Footy Gifts at, or through this website, is deemed to be not confidential. You are deemed to grant to Footy Gifts an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this website. Footy Gifts is free to use any ideas, concepts, know-how or techniques that you send to Footy Gifts, for any purpose.
Footy Gifts respects your privacy and is committed to protecting it. Footy Gifts takes this obligation to protect your information seriously and ensures that all information collected is dealt with in a confidential manner.
Footy Gifts may from time to time request information from our customers, for activities such as, but not limited to, delivery of goods, conducting competitions, for loyalty club membership or receiving recruitment applications.
Footy Gifts undertakes steps to safeguard personal information provided to the business and endeavours to protect it from unauthorised use, access or disclosure. Footy Gifts at no time will use personal information for purposes unrelated to our services.
When visiting this site, Footy Gifts, your IP address (numeric internet address) is not stored. Footy Gifts only uses such information to determine the number of visitors to our site and to help administer it. Your IP address is in no way linked to any personally identifiable information from any other source. This website incorporates security measures to protect the loss, misuse and alterations of proprietary information.
Footy Gifts is committed to complying with the Federal Privacy Act 1988.
If you have any queries about this statement, Footygifts.com.au website practices or your communication with this site, please contact us
Links and Third-Party Statements on this Website
The website contains links to websites not maintained, controlled or associated with Footy Gifts. Footy Gifts makes no endorsements, representations or warranties about any other website which you may access through this website ("Other Website"). When you access an Other Website, that Other Website is independent from this website, and Footy Gifts has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of this website. Other Websites are not under the control of Footy Gifts, and Footy Gifts is not responsible for the accuracy of any information on any Other Website. Footy Gifts does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from this website is free from viruses, worms, Trojan horses and other material of a destructive nature.
Footy Gifts will not monitor or review statements made by persons other than Footy Gifts ("Third Parties") on this website. Third Parties may post statements or information on some portion of this website, from time to time ("Third Party Posted Material"). Footy Gifts makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. Footy Gifts expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, Footy Gifts is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this website, the use of any other hyper linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Footy Gifts has been expressly advised of the possibility of such loss or damages.
You must indemnify and keep indemnified Footy Gifts in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.
Footy Gifts does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Footy Gifts will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Footy Gifts, it shall be limited to the cost of re-supplying that information.
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the state of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia.
This website may be accessed throughout Australia and overseas. Footy Gifts makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.
Limitations on Use
Footygifts.com.au may revise or alter these terms and conditions at any time. Revisions and alterations will be posted on this website. Users are responsible for reviewing this website from time to time to ensure compliance. If Footy Gifts makes a request to you to stop using this website or to promptly return or destroy copies of information provided on this website, you must immediately comply with that request, and confirm in writing to Footy Gifts within five (5) business days after that request, that you have done so.
Any indemnity, agreement, representation or promise provided by you to Footy Gifts as set out in these Terms and Conditions shall be taken to be an indemnity, agreement, representation or promise also provided by you to the employees, officers, agents and shareholders of Footy Gifts and any related entity of Footy Gifts in relation to this website.
© Footy Gifts Online Pty Limited ACN XXXX and ABN XXXX. All rights reserved.