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Terms & Conditions  

Introduction

This web site and its contents ("Web Site") is owned and operated by Joad Sportz Supplies of CROMER NSW Australia 2099 (ABN:25 694 922 368) ("Joad Sportz Supplies ").

By accessing or using the Website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, the Privacy Policy and elsewhere on the Website (known collectively as "Terms and Conditions").

The Terms and Conditions govern both the use of this Web Site and the goods and/or services that you purchase from Joad Sportz Supplies.

Joad Sportz Supplies reserves the right to amend these Terms and Conditions at any time with out notice. We therefore encourage you to check this document regularly.

Applicable law

The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.

Joad Sportz Supplies makes no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Links to Third Party Sites & Third Party Advertisements

Joad Sportz Supplies assumes no responsibility and accepts no liability for the condition or content of third party web sites that may be linked to or accessed from the Web Site. Except as Joad Sportz Supplies may specifically direct otherwise, Joad Sportz Supplies does not authorise the content of those third party web sites. The Web Site may also contain third party advertisements which contain embedded hyper-links to web sites operated by third parties. The placement of third party advertisements on this Web Site does not necessarily constitute the recommendation or endorsement of Joad Sportz Supplies for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

Competitions and Promotions

Certain parts of the Web Site may contain competitions or promotions from Joad Sportz Supplies or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Web Site from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Joad Sportz Supplies specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Web Site without any liability to you.

Disclaimer and liability

This Web Site is provided on an "as is" basis. While Joad Sportz Supplies has used its best endeavours to ensure that the information contained on and accessed through the Web Site is correct and current at the time of publication, Joad Sportz Supplies does not accept responsibility for any error, omission or defect in the information.

To the fullest extent permissible by law, Joad Sportz Supplies, its affiliated companies and their directors, employees, agents and contractors:

  1. Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Web Site, your access to the Web Site or results of your access, or the information, content, materials or products on the Website; and
  2. Do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Joad Sportz Supplies, its affiliated companies or their directors, employees, agents and contractors) will Joad Sportz Supplies, its affiliated companies or their directors, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access, the Web Site or arising out of or in connection with any goods or services supplied by Joad Sportz Supplies. Joad Sportz Supplies liability for breach of any implied warranty or condition which cannot be excluded, is limited at the option of Joad Sportz Supplies to the following:

  1. in the case of services, the supply of the services again or the payment of the cost of having the services supplied again;
  2. in the case of 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 acquiring equivalent goods; or the payment of the cost of having the goods repaired.

Indemnity

You agree to indemnify and keep indemnified Joad Sportz Supplies, its affiliated companies and their officers, employees, agents and contractors ("those indemnified") in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the Web Site (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, or other users of this Web Site using your membership account, of any intellectual property or other right of any person or entity.

Intellectual Property & Restrictions On Use Of Content

The Web Site is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The Web Site contains trademarks, intellectual property and copyright protected works which is owned by Joad Sportz Supplies, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Web Site for your own personal use or as otherwise indicated on the Web Site or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Web Site, or incorporate any part of the Web Site into another web site without Joad Sportz Supplies express consent.

Termination and Cancellation

Joad Sportz Supplies reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Web Site, terminate memberships, cancel orders or not provide goods and services or revise prices at any time without notice. Without limiting the operation of any other Terms and Conditions herein, Joad Sportz Supplies will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Joad Sportz Supplies liability will survive such termination.

Membership

By becoming a member you agree that:

  1. you may only have one active membership;
  2. your membership is not transferable;
  3. you must update and maintain your personal information to ensure its accuracy;
  4. you agree to provide correct and up to date information when Joad Sportz Supplies requires and may be required to provide suitable identification;
  5. you are responsible for keeping your membership details such as your password and account details strictly confidential; and
  6. you accept all responsibility for any activities in connection with the use of your account and password;
  7. Joad Sportz Supplies may terminate your membership at any time without notice, including without limitation, in the instance of you breaching these Terms and Conditions.

You may update, edit or terminate your membership account at any time.

Products and Prices

Joad Sportz Supplies will make reasonable efforts to provide accurate product descriptions and pricing.

All prices quoted and displayed on the Web Site, including for goods and services, postage and handling fees, and other charges are current at the time of display, but are subject to variation without notice.

Without limiting the operation of any other Terms and Conditions herein, Joad Sportz Supplies does not warrant that product descriptions or any other content of the Web Site including prices and the numbers of available product is accurate, complete, reliable, current or error free.

Orders and Cancellation of Orders

Joad Sportz Supplies will only dispatch orders, once it is satisfied that that it has received full payment.

The placement of an order by you constitutes an offer by you. Joad Sportz Supplies will email a Customer Order Confirmation confirming the details of your offer. A Customer Order Confirmation does not in any way constitute acceptance of your offer by Joad Sportz Supplies.

Joad Sportz Supplies reserves the right in its absolute discretion at any time to subsequently not accept any offer despite emailing a Customer Order Confirmation, or cancel, amend or revise any orders, or not provide goods or services or terminate membership accounts. Without limiting the operation of any other Terms and Conditions herein, Joad Sportz Supplies will not be held liable for loss or damage arising from the exercising of these rights, including but without limitation to, any loss or damage caused by the late delivery or cancellation of an order or a product or service or amendment or revision of any order.

If you must cancel an order, please immediately contact us by email to sales@joadsportzsupplies.com.au between 9.30am and 4.30pm Monday to Friday, Sydney Local Time.

Joad Sportz Supplies agreement with you comes into existence when it accepts your payment and processes your order. Joad Sportz Supplies in its absolute discretion may permit you to cancel your order if it has not been fully processed byJoad Sportz Supplies.

Goods orderd from Joad Sports Supplies are non refundble after the sale has taken place. Joad Sports Supplies have a no returns policy.

Delivery

Any delivery times indicated by Joad Sportz Supplies are estimates only. Joad Sportz Supplies makes no guarantee that the goods will be received by the estimated time.

Deliveries will generally only be made between 9am and 5pm, unless otherwise specified byJoad Sportz Supplies. Joad Sportz Supplies may extend this time to 6pm if the delivery is to a residential address. Joad Sportz Supplies cannot guarantee any exact time during these periods.

You are responsible for entering the correct delivery details at time of ordering. Joad Sportz Supplies accepts no responsibility for late, lost or misdirected deliveries due to incorrect delivery details. You are responsible for any costs associated with resending the order to the correct address, if the goods are not lost.

You are responsible for contacting Joad Sportz Supplies should the order not be received. Once we receive a non-delivery notification we will investigate the matter.

By accepting that a signature is required on delivery, which is part of the Joad Sportz Supplies delivery process, you agree that we have satisfied our obligations to you under our agreement if either:

  1. the recipient signs for the delivery;
  2. an agent appointed by recipient on his or her behalf signs for the delivery; or
  3. a proxy recipient as determined by the courier at the nominated delivery address signs on the recipients behalf including but not limited to, individuals at the reception of the recipient's work place or hotel receipt staff.

To the extent permit by law, and without limiting the operation of any Terms and Conditions:

  1. that late delivery does not constitute a breach of our agreement with you, or entitle you to cancel your order; or
  2. Joad Sportz Supplies will not be liable for any loss or damage for any goods that are lost, stolen or damaged after the goods are delivered.