Website Terms of Use

Version 1: 25 March 2015

Terms

Introduction
This website at URL address: www.clubassist.com (Website) is owned and operated by Club Assist Pty Ltd (ACN 054 184 842) (Club Assist).
These Terms of use are important and govern your use of the Website. Please read them carefully. By using the Website you agree to be bound by these Terms of use. Club Assist reserves the right to change these Terms of use at any time without notice and by using the Website you agree to be bound by such changes. If you do not agree with the Terms of use please do not use the Website.
These Terms of use do not relate to your use of any product, service, process or technology described on the Website and you are referred to the individual product warranty relevant to that particular product, service, process or technology.
To report any problems regarding the Website, please contact Club Assist at:
Telephone: 03 9797 8600
Email: info@clubassist.com.au

 
Privacy policy
The Club Assist Privacy policy is incorporated into and forms part of these Terms of use.

 
Intellectual property rights
Club Assist is the owner of all right, title and interest (including present and future copyright) in the Website.
All material including domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, and all products, services, processes and technologies described on the Website (Material) are owned exclusively by Club Assist, its related bodies corporate or others who have licensed their material to Club Assist (unless expressly indicated otherwise).
For the avoidance of any doubt, the words Club Assist and Atomic, and all product and service names, design marks and slogans are the trademarks or service marks of Club Assist.

 
Your use of the Website
You are granted a non-exclusive, non-assignable and non-transferable license to use this Website only under these Terms of use.
You may use the Website and view and access the Material only for your personal and non-commercial use. Nothing in these Terms of use or the Website will be construed as granting to you ownership of the Material or any proprietary right to the copyright, trademarks, patents or other intellectual property rights of Club Assist, its related bodies corporate or any third party.
You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, license, frame, upload, transmit, post, communicate or use the Materials except:
• as expressly authorised either in the Website or these Terms of use; or
• as authorised in writing by Club Assist.
You may not use any trade mark or service mark appearing on this Website without the prior written consent of Club Assist or the owner of the trade mark.
You must not use any so-called bot, spider or similar automated software or device to use or access the Website or the Materials in any way.

 
Your responsibilities
You may only use the Website for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms of use.
It is your responsibility to ensure that your use of the Website complies with the Terms of use and to seek prior written permission from Club Assist for any uses not expressly permitted.
Club Assist prohibits the use of the Website, for any of the following:
• transmitting or posting any message, information, data, text, software or images, or other materials (Content) that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another’s right of privacy;
• impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;
• posting or transmitting any Content that you do not have a right to reproduce, display or transmit or that infringes the rights of any person, or entity;
• posting or transmitting any Content that contains a virus or corrupted data;
• using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website;
• attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website or the Materials or for the purpose of creating derivative works from the Website.

 
Submissions to Club Assist
If you are invited to post Content on the Website by Club Assist, Club Assist reserves the right (but assumes no obligation) to remove or amend any such Content. Club Assist reserves the right not to accept unsolicited Content or other material.
By submitting any Content to any public or non-public areas of this Website, you automatically grant Club Assist the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, perform and display such content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation.
You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant to Club Assist the rights and licence stated above. Subject to the foregoing, the owner of such Content placed on our Website retains any and all rights that may exist in such Content.

 
Information
Information displayed on this Website, if any, is presented in summary form only and is intended to provide general consumer understanding of the intended operation and benefits of the Club Assist’s products displayed from time to time on this Website. The information displayed on this Website should not be relied on as your sole source of information for the operation and maintenance of the Club Assist’s products.

 
Links and connections to other parties and other sites
The Website may contain links or other connections to websites operated by parties other than Club Assist (Links). These Links are provided for convenience only. If you use a Link to access a third party website, you do so entirely at your own risk. Club Assist’s inclusion of Links or other connections to third party websites does not imply any endorsement of the material on them or any association with their owners or operators. Websites accessed via Links may contain advertisements by other people. These advertisements are not recommendations or endorsements by Club Assist and Club Assist is not responsible for the products and/or services being advertised.

 
Disclaimers, warranty exclusions and limitation of liability
You acknowledge and agree that use of this Website is at your sole risk. Club Assist makes no representation or warranty:
• as to the availability of any product, good, service, process or technology described on the Website;
• that the functions contained in the Website or your access to the Website will be error-free;
• that any defects on the Website or the Materials will be corrected;
• that any information, apparatus, product, software or process used or disclosed on the Website or any Material accessible from the Website will be accurate, up to date, complete or useful; or
• that the Website or the server which stores and transmits the Material to you are free from viruses or any other harmful components.
To the fullest extent permitted by law, Club Assist, its related bodies corporate and their officers, employees, agents and contractors (Club Assist Group) disclaims all warranties of any kind (whether express or implied) in relation to the Website and the Material and will not be liable for any direct or indirect damage (including special and/or consequential damage, such as loss of business, loss of profits or loss of data) which results from any use or access of, or any inability to use or access the Website or the Material even if Club Assist or any other member of the Club Assist Group was made aware of the possibility of such damages.
Without limitation to the foregoing, the Club Assist Group acknowledges that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of the Website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), the Club Assist Group limits its liability and if any liability remains, if permitted by the law of the relevant jurisdiction, it will be limited to any one or more of the following in its sole discretion:
• in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
• in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
Without limitation to the foregoing, you agree that the liability of Club Assist and the Club Assist Group, if any, arising out of any kind of legal claim or action in any way connected to the Website or the Material will not exceed the sum of AUD$1.00.
• Indemnity
You indemnify the Club Assist Group from and against all claims, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms of use.

 
Termination
Club Assist may, in its sole discretion and without prior notice to you, terminate your licence to access to the Website and the Materials if you breach these Terms of use.

 
Agreement
These Terms of use represent the entire binding agreement between you and Club Assist and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Club Assist, the Website, or the information and contents on the Website.

 
Waivers of any obligation or right
No waiver of any obligation or right by Club Assist will be effective unless in writing and executed by Club Assist.

 
Applicable law
• The Website is controlled by Club Assistfrom its offices in Victoria, Australia. Club Assist makes no representation that the Material or the Website is appropriate or available for use in other locations. Those who chose to access the Website from locations outside of Australia do so at their own initiative and are responsible for compliance with local laws.
• These terms will be governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia.
• If any provision in these Terms of use is found to be invalid or unenforceable by a court of Victoria, such invalidity or unenforceability will not affect the reminder of these terms and conditions which will continue in full force and effect.