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Terms and Conditions

( effective 23rd July 2007 )

Navsports Principles
The Navsports website is owned and operated by Navsports Limited (ABN 44 118 594 504).
Use of this website is subject to these Terms of Use.

Welcome to Navsports.com.au an online sporting portal and social networking site that links communities and their sports. The Navsports.com.au service and network are operated by Navsports Limited. By using Navsports.com.au web site you signify that you have read, understand and agree to be bound by these Terms and Conditions. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the Terms and Conditions's effective date. Your continued use of the Service or the Web site after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, please do not use or access the Service or the Web site. It is your responsibility to regularly review these Terms and Conditions.


Eligibility
Use of and membership to Navsports Services is void where prohibited. By using the Navsports Services,
you represent and warrant that

(a) All registration information you submit is truthful and accurate;
(b) You will maintain the accuracy of such information;
(c) If you are between the ages of 6 and 15, you accept our terms of a complete private profile, and if you are 16 and older, you agree to having the right to make your profile public if you wish;
(d) Your use of the Services does not violate any applicable law or regulation.

Your profile may be deleted and your user registration may be terminated without warning if we believe that you are not abiding by the above terms.

Member Conduct
You understand that the Service and the Web site are available for your personal, non-commercial use only (Registered sports club profiles are exempt from the non-commercial use clause). You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Service or the Web site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Web site or for any other purpose. You further agree that you may not use the Service or the Web site in any unlawful manner or in any other manner that could damage, disable, overburden or impair this Web site. In addition, you agree not to use the Service or the Web site to:
  • upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;


  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;


  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;


  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;


  • intimidate or harass another;


  • use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Web site.

Hitting Partners (Tennis Only)
  • A Hitting Partner must be over the age of 16 and must have an ITN assessment ranking of 1, 2, 3 or 4. This assessment can be done either on court or by the online questionnaire.


  • A Hitting Partner must not give coaching advice to a player without being specifically asked to do so by the player.


  • A Hitting Partner must follow the prices set out per hour by Navsports Limited when charging for their services (these prices are based on standard prices paid for such services, Navsports Limited reserve the right to change these prices as they see fit).


  • Any Hitting Partner found to be in contravention of any of these terms and conditions may have their contract suspended or terminated without notice.

Online Tennis Assessment (Tennis only)
  • The Online Tennis Assessment has been created by Navsports Limited and has in no way been endorsed by Tennis Australia, Tennis NSW or any other tennis association, club or organization or the official ITN association.


  • The Online Tennis Assessment is not intended to be a definitive assessment of a player's ITN as answers are purely based on a player's own assessment of their abilities. Navsports recommends that anyone wishing to seek a true ITN assessment should approach a qualified ITN assessor for a proper On-court Assessment.


  • Navsports Limited is not responsible for information entered by players in regards to the Online Tennis Assessment. Navsports Limited does not monitor the results of the test.

Proprietary Rights in Content on the Web Site

All content on the Navsports.com.au web site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content"), are the proprietary property of the Company or its licensors. All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Web site are either trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.


Member Content Posted on the Web Site

You are solely responsible for the photos, videos, profiles and other content that you publish or display (hereinafter, "post") on or through the Service or the Web site, or transmit to other Members (collectively the "Member Content"). You understand and agree that the Company may review and delete or remove any Member Content that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others.

By posting Member Content to any part of the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

You may remove your Member Content from the Web site at any time. If you choose to remove your Member Content, the license granted above will automatically expire.


Copyright Policy

Navsports Materials, including pages and on-line images, are protected by the Copyright Laws of Australia. All rights are reserved.
We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us at enquiry@navsports.com.au and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

When you access the Navsports website you agree that:

  • You may retrieve the Navsports materials for information only.
  • You may save a local copy or send it to your printer for your own personal use or in order to inform authorised and potential users about the Navsports materials. However, you may not make any charge for such use and any commercial exploitation is expressly prohibited.
  • You must include the copyright notice in any copy that you make.
  • You may not modify the information found in Navsports materials without the express permission of the Navsports Limited.


Notice of Trademark
The Navsports logo is a registered trademark of Navsports Limited. The Navsports logo may not be used without the prior specific, written permission of the Navsports Limited.

Premium Services
Navsports.com.au is a free service for members and a free limited service for clubs. There is a premium service available for Clubs, which includes a years membership to Navsports, the ability to upload video to the club profile; Navsports email address and much more for a price of $49.95.

Associated Members to Navsports Registered Clubs
Associate with a club means you, as a Navsports member can become an associated member of any club on the Navsports website. You have not actually joined this club, but are only associated with them on the Navsports website. Members can become associated with a maximum of 12 clubs at once, and do so by viewing the clubs profile and clicking on the "Associate with this club" button, when you do this your profile will appear on the Clubs profile and you automatically agree to receive emails from your associated Club. You can elect not to receive emails from an associated Club, which can be accessed by going to your edit profile, and clicking on "account settings".
Members have the right to unassociate with any club at any time, and Clubs have the right to unassociate any member at any time.

Links to other websites
The Web site contains links to other web sites. We are not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Web site or the Service does not imply approval or endorsement of the linked web site by us. If you decide to leave the Web site and access these third-party sites, you do so at your own risk.

Member Disputes
You are solely responsible for your interactions with other Navsports.com.au Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

Privacy
We care about the privacy of our Members. Click here to view the Web site's Privacy Policy . By using the Web site or the Service, you are consenting to have your personal data transferred to and processed.

Disclaimers
The Company is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether posted or caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Web site or the Service. The Company is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. The Web site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Navsports Limited assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on or through the Web site or the Service or transmitted to Members, or any interactions between users of the Web site or Members, whether online or offline. THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL NAVSPORTS LIMITED BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO NAVSPORTS LIMITED FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) ONE HUNDRED DOLLARS ($100).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


Governing Law and Venue

By visiting or using the Web site and/or the Service, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Navsports. or any of its affiliates.

Any dispute relating in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) shall be submitted to confidential arbitration NSW, Australia, except that, to the extent you have in any manner violated or threaten to violate Navsports Limited or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state of New South Wales.

Arbitration under this Agreement shall be conducted under the rules then prevailing of the Australian Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.


Indemnity
You agree to indentify and hold Navsports Limited, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the Web site in violation of this Agreement or your violation of any law or the rights of a third party.

Navsports Store Terms and Conditions

Pricing
  • All product and offers may not be available from time to time.

  • Prices, products and offers include GST.

  • All prices are correct at the time of online publication. Prices are subject to change without notice.

  • All items are promoted in good faith to be available at the time of ordering.

  • Sale items are only available at the lower price during the sale period.

  • Unforseen supply problems or unexpected demand may occasionally result in stock being unavailable.

  • We reserve the right to correct any printing errors.



Delivery Costs
All delivery cost are shown when placing your order.

Australian Delivery
Please note that domestic orders are sent via our premium courier service. All Australian orders should include a daytime delivery address and contact details. Please note that we are unable to accept orders to P.O. Box numbers.

Delivery Delays
Unforseen supply problems or unexpected demand may occasionally result in stock being unavailable. Should there be a delay in despatching your order we will contact you immediately to advise you of the reason for the delay. You may cancel such an order at any time prior to processing.

Navsports Products and Services
Navsports provide a range of products and services that you will find in our Navsports Store.
These products include advertising placements, premium services for our members (extra features of our site), sports equipment and souvenirs.
If you would like to know more about our products and services please visit our store or contact us at enquiries@navsports.com.au

Returns, Refunds & Exchanges
We will gladly refund, credit or exchange all returns on presentation of the original Navports Shop Online sales docket. Delivery and packaging charges are not refundable unless as a result of our error. All returns are to be sent to:

Navsports Shop
Customer Order Centre
PO Box 3386
Wetherill Park NSW 2164
Ph: +61 2 9609 3937
Fax: +61 2 9609 3937

Where the original payment was made by cheque or money order, please allow up to 21 business days for refunds to be processed.

Australian Law
There are a number of Australian laws in pertaining to fair trading and privacy including the Trade Practices Act 1974 and the Commonwealth Privacy Act 1988 (with Amendments in 2000). For more information on Australian legislation please visit http://www.scaleplus.law.gov.au/browse.htm . Dispute resolution services are also available in each Australian State and Territory.

Feedback and Complaints Handling Procedure
The Navsports Shop welcomes feedback and attends to all complaints promptly. Please email, fax or write to us using the contact information presented on this page.

Navpoints Rewards
Each time Navsports members Login, Submit an Article, Cheer an Article, Comment, Use the send to a friend feature. They will get NavPoints, these points add up to great rewards and also move you up our leader board. You will automatically receive your rewards by mail, so make sure you keep your postal address accurate in your profile settings (We will not use your address for anything other than sending you your rewards).

Navsports reserves the right to change from time to time the structure of the Navpoints Rewards due to stock limits.

Other
These Terms and Conditions, together with the Privacy Policy and any other policies of the Company posted by us on the Web site, constitute the entire agreement between you and Navsports Limited regarding the use of the Web site and/or the Service, superseding any prior agreements between you and Navsports Limited relating to your use of the Web site or the Service. The failure of Navsports Limited to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

 
 

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