Terms Of Use Privacy Policy

Terms of Use / Privacy Policy

A. About this website

This is a website operated by Fans Direct Pty Ltd ACN 087 430 715 ("Website Owner ") under the domain name " http://www.fansdirect.com.au " (hereinafter referred to as the “website”) identified by the page local to the website set up to provide access to the website (hereinafter referred to as the “Home page”) addressed at http://www.fansdirect.com.au/

B. About these terms of use

These website terms of use (hereinafter the “terms of use”) and the associated Privacy Statement govern your access to and use of the website. You should read these terms of use carefully before using this website.

C. Your access/use implies agreement

The website is available for your use only on condition that you agree to these terms of use. By accessing/using the website, you are signifying your agreement to be bound by these terms.

D. Certain other actions imply agreement to additional terms

In addition to the terms of use, there may also be specific terms (“additional terms”) which govern your use of, and access to, particular sections of the website. Since you are also bound by these additional terms, you should review them wherever they are offered to you.

Certain actions, payment or agreement on your part may mean that such services are additional to the normal terms and are subject to a separate agreement. When this happens you shall be offered additional terms through a hyperlink associated with these additional services. Since you are also bound by these additional terms, you should review them wherever they are offered to you.

E. Limited license

Website Owner grants you a limited, personal, non-transferable, non-sub-licensable, revocable license to:

(a) access and use the website, content and services only; and

(b) access and use the website, content and services in the manner presented by Website Owner only.

None of the content and/or information may be reverse-engineered, modified, reproduced, republished, translated into any other language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Website Owner. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted to do so by Website Owner.

F. Modifications to the Terms

Website Owner may revise and update these terms of use at any time. Your continued usage of the website after any changes to these terms of use will mean you accept those changes.

G. Modifications to the information

While Website Owner has made every effort to ensure that information on the website is free from error, Website Owner does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Website Owner. Website Owner recommends that you seek independent advice before acting upon material on this website.

H. Errors and problems

While Website Owner has made every effort to ensure that systems and information available on the website is and shall be free from error, Website Owner does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.

I. Fans Direct Privacy Policy

The Fans Direct privacy policy governs the use of information collected from or provided by you at the website. A policy statement prepared by Website Owner for the purposes of being made available to customers and the general public declaring the company's commitment to the Privacy Act 1988 (Cth).

With respect to any personal information (related to you or to any other person) provided by you to Website Owner, you represent to Website Owner that you consent to and have obtained all necessary consents for the processing of such personal information, including the transfer of such information to Australia to be handled by Website Owner in a manner as required by the Privacy Act, regardless of the privacy requirements and provisions of its state and country of origin or your or your associate’s state and country of residence.

a. Recording your visit

When you look at this web site, we make a record of your visit and log the following information for statistical purposes:

· Your server address.

· Your top level domain name (for example .com, .gov, .au, .uk etc).

· The date and time of your visit to the site.

· The pages you accessed and the documents you downloaded.

· The previous site you visited.

· The type of browser you used.

No attempt will be made to identify individual users or their browsing activities except in the event that it is reasonably necessary for the enforcement of criminal law. In the case of the latter, we will comply with the Privacy Principles of the Privacy Act 1988 (Cth) regarding the limits and protocols associated with disclosure of personal information.

Some sites use "cookies" to track a particular user's access to a site. Cookies are not used on this site to gather personal information about users except when they are used within specific web-based applications, such as our online surveys, where they are used for session management purposes only.

b. Recording your e-mail address

We will only record your e-mail address if you send us a message. It will only be used for the purpose for which you have provided it and will not be added to a mailing list. We will not use your e-mail address for any other purpose, and will not disclose it, without your consent.

c. Collecting personal information

From time to time we will use electronic forms on this site to gather personal information for purposes directly related to a function or activity of the Website Owner. When we do so we will let you know the purpose for which the information is being collected (including if the information is to be published), and the legal authority for the collection if it is authorised or required by or under law.

We will not collect or solicit personal information via this site which would be unlawful, unnecessary or unrelated to the functions or activities of the Website Owner, or unfair or unreasonably intrusive.

Because there are risks associated with using the Internet as a transmission medium, when we use electronic forms to collect information we will also provide you with other options for providing the information - for example, a paper form and mailing address and a telephone contact.

Credit card details collected via electronic forms on this site are encrypted for transmission using secure server technologies and are only made accessible to staff members authorised to complete the transaction.

d. Publishing personal information

We will only publish personal information on this site if it has been collected for this purpose with your knowledge or if you have consented to the disclosure. When giving such consent you should be aware that information published on this site is accessible to millions of users from all over the world, that it will be indexed by search engines and that it may be copied and used by any web user. This means that, once the information is published on this site, we will have no control over its subsequent use and disclosure.

J. License and Ownership

Any and all intellectual property rights (hereinafter called ”intellectual property”) associated with the website and its material and contents (hereinafter called the “content”) are the sole property of Website Owner. The copyright for the content on this website is owned or licensed by Website Owner and is protected by copyright and other laws in both Australia and other countries.

Except where necessary for viewing the material on this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these terms of use, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Website Owner.

"W-O", and all custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Website Owner.

K. Outbound links

The website may contain links to third-party websites and resources (hereinafter referred to as “linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Website Owner of the content on such linked sites. Website Owner makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any linked site. Website Owner is not responsible for the availability of the linked site or the content or activities of such sites. If you decide to access linked sites, you do so at your own risk. If you do decide to make use of the link you should remember that your use of the linked site is likely to be subject to terms and conditions of use similar to these, including but not limited to, the linked site's privacy policy. Website Owner recommends that you review such terms before using the linked site. To the fullest extent possible at law, Website Owner makes no warranties or representations: regarding the quality, accuracy, merchantability or fitness for purpose of third party material or products or services available through linked sites; or that third party material available from a linked site does not infringe the intellectual property rights of any person. Without impacting its ability to exclude itself from such responsibilities and warranties Website Owner may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Website Owner website.

L. Inbound links

Website Owner generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Website Owner. However, linking to any other page of the website is strictly prohibited, in the absence of a separate agreement between you and Website Owner that clearly describes the rights and responsibilities of linking to other pages. Any website or other device that links to the Home page or any page available therein is prohibited from:

(a) replicating content, and/or

(b) using a browser or border environment around the content, and/or

(d) misrepresenting any state of facts, including its relationship with Website Owner, and/or

(e) presenting false information about Website Owner products or services, and/or

(f) using Website Owner logo(s) or trademark(s)

without express written permission from Website Owner.

M. Submissions

While not refusing to accept ideas from you regarding information available on the website (hereinafter called “comments”) Website Owner does not encourage you to make such comments. If you do send such comments, you acknowledge that:

(a) they will not be considered confidential or proprietary, and

(b) Website Owner is under no obligation to keep such information confidential, and

(c) Website Owner will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.

N. Disclaimer of Warranties

To the fullest extent permitted by law Website Owner makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.

O. Limitation of Liability

To the fullest extent permitted by law and to the extent that Website Owner is otherwise found responsible for any damages, Website Owner is responsible for actual damages only. In no event shall Website Owner, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.

P. Jurisdiction

Unless expressly agreed otherwise:

(a) the Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State/Territory of Victoria; and

(b) the International Section is provided for use by residents of any country in the world, but to the fullest extent permitted by law the law applicable to use of the International Section and to disputes arising out of the International Section is the law of the State/Territory of Victoria.

Q. Questions / Comments

Questions or comments regarding the Website may be submitted to Website Owner.

Date of Publication – 11 July 2008