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Terms & Conditions

TERMS OF SERVICE

OVERVIEW

This website (www.australianopenshop.com) and its associated features, information, tools and any mobile applications (‘Site’) is operated by Tennis Australia Limited (ABN 61 006 281 125) (referred to in these Terms of Service or on the Site as ‘Tennis Australia’, ‘we’, ‘us’ or ‘our’).  

By browsing, accessing or using our Site and/or placing an order to purchase any of our products (‘Order’) you agree you are being provided services by us (‘Services’) and agree to be bound by the terms and conditions expressly set out on this page as well as any additional terms, conditions or policies that are referenced or made available via hyperlink (‘Terms of Service’). These Terms of Service apply to all persons who use this Site, including, without limitation, customers, browsers, vendors, merchants and/or contributors of content (‘User’).

Please read these Terms of Service carefully before you browse, access or use our Site. If you do not agree to these Terms of Service, then you should not browse, access or use the Site or access any of our Services.

We reserve the right to update, change or replace any part of these Terms of Service and the revised Terms of Service will be made available on our Site. It is your responsibility to check this page periodically for changes. By continuing to use the Site or access any of our Services you will be taken to have accepted any changes and agree to be bound by the revised Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

We may, in the future, offer new services, tools, information and/or features through our Site (‘New Features’). Your access to or use of any New Features will be governed by these Terms of Service.

Our store is hosted on Shopify Commerce Singapore Pte. Ltd. (company number 201736986Z). (‘Shopify’). Shopify provide us with the online e-commerce platform that allows us to sell our products to you.

SECTION 1 – ACCESS AND USE OF THIS SITE

General

You must only access our Services in accordance with these Terms of Service and any applicable laws (including but not limited to copyright laws).

To access the Services you must be at least 15 years of age and/or have the consent from a parent or guardian.

We reserve the right to refuse Services to anyone for any reason at any time.

We reserve the right to immediately terminate your use of the Services for a breach or violation of any of these Terms of Service (including the prohibited uses set out below).

You agree not to copy, sell, resell, reproduce, republish or exploit any part, use of or access to the Site or our Services without our express written permission.

You acknowledge that your information (with the exception of credit card information which is always encrypted during transfer over networks), may be transferred or transmitted unencrypted, over various networks and that this may involve changes to your information in order to adapt and conform to the technical requirements of connecting devices or networks.

Prohibited uses

In addition to any other prohibitions set out in these Terms of Service, you are prohibited from using, or attempting to use, our products, the Site or our Services (as applicable):

  1. for any illegal or unlawful purpose;
  2. to infringe our intellectual property rights or those of a third party;
  3. to provide misleading, deceptive or false information;
  4. to threaten, harass, insult, intimidate, abuse, defame, slander, disparage, or discriminate against another person (including based on that person’s sexual orientation, religion, gender, ethnicity, age, race, disability or origin);
  5. to upload or transmit worms, viruses or any other malicious or destructive code designed to damage the Site;
  6. to collect, trace or monitor the personal information of any person;
  7. to collect content from the Site using any automated means (including by harvesting bots, robots, spiders or scrapers);
  8. to copy or reverse-engineer the Site;
  9. to interfere with or bypass the servers, networks that host, or the security features of, the Site; or
  10. for any other improper purpose.

SECTION 2 – ORDERS

By making an Order on our Site you are offering to enter into an agreement with Tennis Australia to purchase products from us.

Each Order you place will constitute a separate agreement with us.

When you make an Order you must pay the applicable price in full plus any applicable delivery fees at the time the Order is made, using one of the methods of payment accepted on the Site.

Orders are deemed to be received when a confirmation email is sent by us to your nominated email address.

We reserve the right to refuse any Order that is placed with us.

If your Order is affected by a genuine error (including with respect to the description, an image or the price of a product), we reserve the right, in our discretion, to cancel your Order and promptly refund any money paid back to you.

We may, at our sole discretion, limit the quantities of products Ordered, or cancel Orders, on a per person, per household or per order basis. We may apply these restrictions to Orders placed by or under the same User account, purchased with the same credit card or that use the same billing/shipping address. If your Order has been cancelled before it has been accepted by us we will promptly refund to you any payment you have already made.

In the event that we cancel or make a change your Order, we will notify you by contacting the email, billing address and/or phone number provided by you at the time the Order was made and/or your account was created.

We reserve the right to limit, prohibit or cancel any Orders that, in our opinion, appear to be placed by dealers, distributors or resellers.

SECTION 3 – PRODUCTS

We reserve the right to:
  1. limit the quantities of any products that we offer; and
  2. discontinue any product at any time.

Products are subject to change at any time at our discretion.

We have made every effort to display as accurately as possible the colours, details and specifications of our products. However, due to limitations of photography or your computer screen, phone screen or monitor display, some products may differ in colour or other visual appearance when received from how they appear on the Site.

Accordingly, we cannot guarantee the complete accuracy of the products ordered on our Site by you (including with respect to colour or other minor visual features).

We reserve the right to limit the sales of our products to any person, by geographic region or by jurisdiction on a case-by-case basis.

To the extent limited by law we do not warrant or guarantee that the quality of any products purchased or obtained by you will meet your expectations.

SECTION 4 – PRICE

All prices for our products, delivery fees and any other charges displayed on our Site are in Australian Dollars.

We reserve the right to change our prices from time to time without notice to you.

If you have already submitted an Order at a particular price, we agree to supply your products at that price (unless your Order is affected by a pricing error. In this case we reserve the right, in our discretion, not to honour any incorrect offers represented on the Site made by genuine human or system error).

Unless otherwise stated, all prices are inclusive of 10% GST as defined in A New Tax System (Products and Services Tax) Act 1999.

SECTION 5 – DELIVERY

Information about delivery options for your Order as well as our delivery terms and conditions are available here. Our terms and conditions relating to the delivery of Orders form part of these Terms of Service.

SECTION 6 – RETURNS

If you want to return any products purchased from our Site you must do so in accordance with these Terms of Service and our returns policy available here. The returns policy forms part of these Terms of Service.

SECTION 7 – OFFERS AND PROMOTIONS

We may, from time to time, make online offers and promotions available on our Site. Some of our offers or promotions may be made available through a promotional or coupon code (‘Code’) that is used when an Order is placed. You are responsible for ensuring that any Code you use is valid, and entered at the time you place your Order. Codes cannot be applied to Orders once they have been submitted.

Offers and promotions may be specific to only certain products and time limits may apply.

There may be separate terms and conditions that apply to any of our online offers and promotions (including to the use of Codes). These terms and conditions will be specified with the applicable offers and promotions and will form part of these Terms of Service. It is your responsibility to read any separate terms and conditions carefully.

Any time mentioned in a promotion or an offer is a reference to the local time in Melbourne, Australia (unless otherwise stated).

SECTION 8 – MODIFICATION TO OUR SITE OR SERVICES

We reserve the right to modify the contents of our Site or to suspend or discontinue the Site or our Services (or part thereof) at any time.

We shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Site or Services.

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

To register for an account on our Site and/or to place Orders you must provide current, complete and accurate purchase and account information including your name, email, postal addresses and payment details.

You must not make more than one account on our Site and you are responsible for any Orders placed or other activity conducted using your account. Please keep your account password secure.

You agree to keep your account information and payment details up to date (including credit card numbers and expiration dates) to enable us to process your Orders and contact you if required.

SECTION 10 - THIRD PARTY WEBSITES AND TOOLS

Content on our Site or provided via the Services may include third party materials.

Through using our Site you may be provided access to third party tools or directed to third party websites that we are not affiliated with, do not exercise any control over or input into and that are not monitored by us.

We are not responsible for examining, evaluating or verifying the content or accuracy of information on third party websites or provided via third party tools.

You agree that any access to third party tools is provided to you on an “as available” and “as is” basis and that we do not make any warranties, representations or endorsements with respect to any such third party tools.

You agree that your use of any third party tools accessed through the Site is entirely at your own risk and discretion, and that you will familiarise yourself with and abide by the terms and conditions on which these tools are provided by the relevant third party provider.

Tennis Australia will have no liability arising from or in relation to:

  1. your use of any third party tools or website;
  2. your purchase or use of any third party goods or services;
  3. your reliance on resources, content or information provided via a third party website or tool; or
  4. any other transactions made in connection with any third party website or tool.
  5. Any questions, complaints or claims in relation to third party products should be directed to that third party.

SECTION 11 - YOUR COMMENTS AND FEEDBACK

If you send to us or post comments, creative ideas, videos, photos, feedback, suggestions or other materials or submissions, whether online (including to our Site), by email, by postal mail or otherwise ('Comments ’), you agree that we may, at any time, use, reproduce, modify, copy, distribute, publish translate and otherwise use in any medium any Comments provided by you.

In sending or posting a Comment you agree that:

  1. you will not violate the any third party rights, including personal or proprietary rights or rights relating to intellectual property or privacy;
  2. your Comment will not contain defamatory, hateful, offensive, threatening, pornographic, profane, obscene or otherwise unlawful or inappropriate content or content that may incite violence;
  3. you will not mislead as to the origin of your Comments including by using a false email address or pretending to be another person; and
  4. your Comment will not contain any virus or malicious code designed to damage the operation of the Site and/or the Services.
  5. You agree that we are not under any obligation to maintain the confidentiality of any Comments, pay compensation for, or respond to any Comments.
  6. You are solely responsible for the accuracy of any Comments you make and we take no responsibility and assume no liability for any comments posted by you or any third party.
  7. We may, at our discretion, monitor, edit and/or remove any Comment that is in breach of section 11.2 above or otherwise in breach of these Terms of Service.

SECTION 12 – CONDITIONS OF USE – ONLINE SYSTEMS

These Terms of Service incorporate and are to be read in conjunction with our ‘Conditions of Use – Online Systems’ policy, available at https://www.tennis.com.au/conditions-of-use.

SECTION 13 – YOUR PERSONAL INFORMATION

These Terms of Service incorporate and are to be read in conjunction with our Privacy Policy, available at https://www.tennis.com.au/privacy.

Any submission of personal information by you to us through the Site or the Services is governed by our Privacy Policy.

SECTION 14 -ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

From time to time our Site or Services may inadvertently contain or provide information that has errors, omissions or inaccuracies. To the extent permitted by law (including the Australian Consumer Law), we reserve the right, at our discretion, to correct any such errors, omissions or inaccuracies and to update or amend information on our Site or provided via our Services.

We also reserve the right to, at any time, cancel Orders where information on our Site or provided via our Services is incorrect, without prior notice.

Certain information on the Site or provided via the Services (including about our products) may be based on material or information that is provided to us by third parties (including third party suppliers, merchants, or manufacturers). To the extent permitted by law, we are not responsible for inaccuracies or errors in information or content on our Site or provided via our Services to the extent these errors are caused by incorrect information provided by a third party.

SECTION 15 – RISK, DISCLAIMER AND LIMITATION OF LIABILITY

Risk and title

Risk and title to the products will pass to you on the date and time of the delivery of the products to you.

Limitation of liability

To the full extent permitted by law (including the Australian Consumer Law) we exclude all implied terms and warranties, whether statutory or otherwise, that relate to the subject matter of these Terms of Service. The Site, Services and all products delivered to you through our Services are, except as stated by us, provided on an “as-is” and “as-available” basis for your use, without any representations, warranties or conditions of any kind, whether express or implied.

We do not warrant, guarantee or represent that:

  1. your use of the Site or that our Services will be uninterrupted, timely, safe, secure or error-free; or
  2. content or information obtained through using the Site or our Services will be accurate or reliable.

You expressly agree that your use of the Site or our Services is at your sole risk.

To the extent permitted by law, Tennis Australia will not be liable for:

  1. any direct loss or damage that you may suffer as a result of, or in any way connected to, your use of our products, the Site or our Services; or
  2. any loss of profit, business opportunity, goodwill, anticipated savings or data, or for any special, indirect, incidental or consequential loss or damages of whatsoever kind resulting from, or in any way connected to, your use of our products, the Site or our Services, even if we were aware or ought to have been aware of the possibility of such loss or damage, however arising, whether in contract, tort, negligence, misrepresentation or otherwise.

Our liability to you for any loss suffered arising in connection with these Terms of Service will be reduced to the extent that you have caused or contributed to that loss.

Consumer guarantees

Nothing in these Terms of Service excludes, modifies or restricts any right, remedy, guarantee, warranty or any other term or condition that is implied or imposed by legislation that cannot be lawfully limited or excluded.

Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

SECTION 16 - INDEMNITY

To the full extent permitted by law you agree to indemnify, defend and hold harmless Tennis Australia with respect to any liabilities, losses, costs, claim, demand or damages, including reasonable legal fees, resulting from:

  1. your access to or use of the Site;
  2. your use of the Services;
  3. breach of these Terms of Service or any contracts or agreements created under them; or
  4. your violation of any law or third party rights.

The indemnities referred to in this section 16 shall survive the termination of these Terms of Services and your use of the Site.

SECTION 17 – CANCELLATION

In addition to any other rights under these Terms of Service with respect to the cancellation of Orders, we may, at our discretion, cancel an Order made by you if we reasonably believe that you have breached these Terms of Service; and

  1. the breach is not capable of being remedied; or
  2. where the breach is capable of being remedied, you have been provided notice of the breach and have failed to remedy the breach within 14 days.

You will remain liable for all outstanding amounts up to and including the date of cancellation.

We reserve the right to deny you access to our Services (or any part thereof) in future.

SECTION 18 – GENERAL TERMS

These Terms of Service constitute the entire agreement and understanding between us and govern your use of the Site and our Services and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service may be updated by Tennis Australia from time to time. Your continued use of the Site or our Services constitutes acceptance of the amended Terms of Service.

Any section or provision of these Terms of Services that is determined to be either wholly or partly unenforceable will be severed to the extent necessary to make the remaining Terms of Service enforceable.

Any partial exercise, failure to exercise, or delay in exercising a power, right or remedy provided under these Terms of Service, or by law, does not operate as a waiver, or prevent or restrict any further or later exercise of that power, right, or remedy.

These Terms of Service are governed by the laws of the State of Victoria, Australia and you submit to the exclusive jurisdiction of the Victorian courts.

SECTION 19 - CONTACT US

Any questions or complaints about these Terms of Service or our Services should be sent to us as follows: