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Terms & Conditions

Terms & Conditions

1. Your acceptance

1.1 These are the terms on which KAEPRO PTY LTD ABN 15 145 343 975 (referred to as Topshot Sports, we, our or us) permits users (referred to as you or your) to access and use the Topshot Sports website (http://topshotsports.com.au/) (Website) including using the services and functionality made available through the Website, viewing Content (defined in clause 10) provided by Topshot Sports, communicating with Topshot Sports, reviewing product information and placing an order for products, services or both (Order) through the online store (Online Store).

1.2 You agree to be bound by these Terms when you:

(a) use, browse or access any part of the Website;

(b) register an account with the Website; or

(c) place an Order through the Online Store.

1.3 Topshot Sports may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.

2. Registering an Account

2.1 You will be required to register an account to make an Order on the Online Store or access other particular areas of the Website (Account).

2.2 You warrant that all information and data provided by you in the registration is accurate, complete and up to date. You will promptly inform TopShot Sports if there is any change to this information or data.

2.3 By registering an Account, you warrant to us that you are at least 16 years of age and possess the legal authority to enter into, and use the Website in accordance with, these Terms. You agree to be financially responsible for all of your use of the Website (as well as for use of your Account by others, including without limitation minors (under 16 years old) living with you or in your care).

3. Passwords

3.1 You may only make an Order on the Online Store by entering the Account password selected by you when registering your Account on the Website (Password). You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who enters into a transaction using your Password, as if they were your own acts and omissions. Topshot Sports will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify Topshot Sports against all loss, damage, claims, costs or demands in this regard.

3.2 You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify Topshot Sports of any Password which is lost, inoperable or used in an unauthorised manner.

4. Orders for products, services or both through the Online Store

4.1 By placing an Order via the Online Store you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by Topshot Sports in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, Topshot Sports may in its discretion permit an Order to be cancelled, but cancellations cannot be guaranteed once any applicable payment is received for the Order. The Order cannot be cancelled by you once you accept delivery of the products.

4.2 Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email). Where your Order is not accepted by us, your Account will be updated indicating that your Order has not been accepted. If you do not receive a Confirmation Email, please login to your Account to check the status of your Order.

4.3 Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.

5. Changes to products, services and pricing

5.1 We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).

5.2 All updates and modifications to the Website including any changes to the Content, Online Store, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website.

6. Pricing

6.1 All transactions are processed in Australian Dollars.

6.2 Prices are inclusive of goods and services tax. In all other respects prices are exclusive of taxes, duties and charges imposed or levied in Australia in connection with the supply of goods or services.

7. Payments

7.1 Payment for an Order is made:

(a) online through the Online Store if you elect to have your Order delivered to you using one of our third party couriers (Online Payment); or

(b) in person if you elect to pick up your Order from our premises (In Store Payment).

7.2 We accept Online Payment using VISA and MasterCard credit cards, direct deposit and PayPal. For In Store Payments, we accept VISA and MasterCard credit cards, EFTPOS and Cash.

7.3 We only accept credit cards issued in Australia. The credit card holder must be either the billing or shipping recipient.

7.4 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.

7.5 If we are unable to successfully process your credit card for your Order that is accepted by us, then we may cancel your Order.

7.6 You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.

7.7 We will provide you with a receipt at time of delivery (in respect of Online Payments) or in store (in respect of In Store Payments) which specifies the total fees and charges for the products and services in your Order. These details are also available under your Account for you to refer to or print at any time for the period that your Account remains active.

8. Delivery of Orders

8.1 We offer the choice of shipping using Fastway, TNT and Australia Post (Third Party Couriers). Shipping and delivery of Orders will be in accordance with the delivery terms of the Third Party Couriers.

8.2 You must provide a physical delivery address where someone is likely to be available to accept the delivery of your Order during business hours. You may be required by the Third Party Couriers to provide proof of identification for verification checks, in accordance with their delivery terms.

8.3 Shipping costs are influenced by the size and weight of the products in your Order and your location. You can see the pricing on the available shipping options by entering your post code into the freight calculator. This calculator appears on the lower half of the screen when you add items to your cart.

8.4 We aim to ship all Orders, where products are in stock, within 1-2 business days. If for any reason we are unable to dispatch your Order we will notify you within 2 business days. Shipping times are estimated at between 1-7 business days depending on your location within Australia, but are subject to the delivery terms of the Third Party Couriers.

9. Risk and title

9.1 If you elect to pick up your Order from our premises, then title and all risk of loss or damage to any product in your Order passes to you upon payment and collection from our premises.

9.2 If you elect to have your Order delivered to you using one of the Third Party Couriers, then:

(a) title to the products in your Order passes to you upon delivery; and

(b) all risk of loss or damage to the products in your Order passes to you when we dispatch your Order from our premises, unless you have opted for Parcel Protection (which is subject to the conditions in clause 10).

10. Returns and refunds of an Order

10.1 We do not normally provide a refund if you have simply changed your mind about an Order, so please choose carefully.

10.2 In order to obtain a refund, exchange or to repair a product purchased from Topshot Sports, including those products which carry a manufacturer's warranty, you must have clear proof of purchase.Typically a receipt or invoice.

11. Content

11.1 The Website is owned and operated by or on behalf of Topshot Sports.

11.2 All intellectual property rights (including copyright and patents) in the information, comment, content, communication, advice, text, training materials, trade marks, logos, service names and trade names of Topshot Sports, images of people or places or other content (Content) contained in the Website are owned or licensed by Topshot Sports.

11.3 The Content on the Website is for general information purposes only. Topshot Sports does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of the Content by another person or organisation is at the user's own risk.

11.4 The Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on the Website is not an endorsement of any organisation, product or service.

11.5 We may modify any information on the Website (including Content) at our discretion for any reason. All updates and modifications to the Website (including Content) will be subject to these Terms.

11.6 If you have a complaint regarding any Content on the Website, Topshot Sports’ sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.

12. Prohibited uses

Unless expressly permitted by and in accordance with these Terms, you agree that in accessing and using the Website, you will not:

(a) download (other than page caching) or modify the Website or any portion of the Website;

(b) impersonate or falsely claim to represent a person or organisation;

(c) frame the Website without Topshot Sports' express written permission; or

(d) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.

13. Links

13.1 The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for their content or accuracy. Topshot Sports provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.

13.2 Facebook and other websites which are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. Topshot Sports is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. Topshot Sports is not responsible for and will not be liable in respect of any incorrect link to an external web site.

14. Access and communication

14.1 Topshot Sports does not warrant that you will have continuous access to the Website. Topshot Sports will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.

14.2 Topshot Sports does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.

14.3 Whilst Topshot Sports takes reasonable precautions to protect information transmitted via the Website (for instance, when you access your Account, or you make a purchase, a secure connection via Secure Socket Layer technology is established with your web browser to ensure that your details are encrypted and securely communicated to us), Topshot Sports cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.

14.4 Topshot Sports does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

15. Privacy

Any personal information submitted by you to Topshot Sports is subject to and will be handled in accordance with Topshot Sports’ Privacy Policy. The Privacy Policy forms part of these Terms and can be found on the website. You agree that, by using the Website or communicating with Topshot Sports, you have read the Privacy Policy, understood its contents and consented to its requirements.

16. Indemnity

You will fully indemnify Topshot Sports in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

(a) any breach of these Terms by you;

(b) your use of the Website; or

(c) your communications with Topshot Sports

17. Warranties, consumer guarantees and limitation of liability

17.1 For the purposes of this clause 16:

Non-Topshot Sports Product means any product sold on the Website.

17.2 Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.

17.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.

17.4 To the fullest extent permitted by law, the liability of Topshot Sports for a breach of a non-excludable guarantee referred to in clause 16.3 is limited, at Topshot Sports’ option, to:

(a) in the case of goods supplied or offered by us, any one or more of the following:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; or

(b) in the case of services supplied or offered by us:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

17.5 Subject to clause 16.7, you acknowledge and agree that, Topshot Sports is not the manufacturer or producer of any Non-Topshot Sports Product, and the only warranties offered in respect of a Non-Topshot Sports Product are those of the manufacturer, not Topshot Sports. Except as expressly set out in these Terms and to the extent permitted by law including the ACL, Topshot Sports does not make or will not be deemed to have made any:

(a) warranty or representation, express or implied, as to:

(i) the title, condition, design, operation, acceptable quality or fitness for purpose of any product (or any part thereof);

(ii) the absence of any latent or other defects;

(iii) the absence of any infringement of any intellectual property rights (including copyright and patents);

(iv) the absence of obligations based on strict liability in tort; or

(b) other representation, guarantee or warranty whatsoever, express or implied,

with respect to any Product or any part thereof or services sold on the Website.

17.7 In addition to any manufacturers' warranties for Non-Topshot Sports Products Warranty, the Products and services sold on the Website come with consumer guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. Topshot Sports does not have to pay for damages or losses that (i) are not caused by Topshot Sports’ conduct or the Products, or (ii) relate to something independent of Topshot Sports' business, after the Products have left Topshot Sports’ control. You are also entitled to have the Products repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

17.8 The consumer guarantees under the ACL have no set time limit, and depending on the price and quality of the Product, you may be entitled to a remedy even after any manufacturers' warranty for Non-Topshot Sports Products. In that circumstance, Topshot Sports recommends that:

(a) in relation to Non-Topshot Sports Products, you contact the manufacturer's customer assistance department directly. Although the manufacturer's warranty has expired, the manufacturer is obliged (and best placed) to assess the nature, cause and extent of a failure or fault if you believe your consumer guarantees have been breached. If you are not satisfied with the manufacturer's remedy, then please contact us (see clause 22) for assistance; or

17.9 Topshot Sports will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Content, all links to or from the Website or the goods and services advertised or purchased from the Website.

17.10 Subject to this clause 16, the maximum aggregate liability of Topshot Sports for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.

18. Termination of your access to the Website

Topshot Sports may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

19. Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

20. Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

21. Contacting us

If you have questions about the Website, these Terms or the Privacy Policy, please contact us. Our contact details can be found here.

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© 2014 TopShot Sports (ABN 17 165 343 975). All prices includes GST.